Minutes of the Board of Regents of Stephen F. Austin State University. 1986, Volume No. 80

Stephen F. Austin
State University
Minutes of the
Board of Regents
Huxley Bay, Texas
July 28,1986 (as corrected)
Volume 80
INDEX
MINUTES OF THE MEETING
STEPHEN F. AUSTIN STATE UNIVERSITY
BOARD OF REGENTS
HELD AT HUXLEY BAY, TEXAS
July 28, 1986
PAGE
86-104 Approval of Minutes of April 29, 1986
Meeting 22
86-105 Approval of Minutes of May 21, 1986
Meeting 2
86-106 Faculty and Staff Appointments for
Summer I and II, 1986 2
86-107 Changes in Status (Summer) „ 5
86-108 Faculty and Staff Appointments 7
86-109 Changes in Status (FY 86-87) 11
86-110 Resignations 12
86-111 Leaves of Absence 14
86-112 Retirements . 14
86-113 Tenure Awards 15
86-114 Promotions 15
86-115 Approval of Holiday Schedule for FY 86-87 .... 15
86-116 Approval of Policy and Procedure for
Reduction in Force for Non-Academic
Employees . 16
86-117 Approval of Last Class Day Enrollment
Report for Spring Semester of 1986 16
86-118 Approval of 1986-87 Parking and Traffic
Regulations. 16
86-119 Approval of General Bulletin for 1986-87 16
86-120 • Approval of Budget Adjustments for FY 86 16
86-121 Authorization to Sign Depository Contracts
for FY 86-87 16
86-122 Approval of Biennial Legislative Appropriations
for FY 88 and FY 89 17
86-123 Authorization to Approval Travel Requests
for period August 1, 1986 through
August 31, 1986 17
8-6-124 Approval of Fee Charge for Certification
Plans for Postgraduates Seeking Teaching
Certification 17
86-125A Approval of Lease to City of Nacogdoches
for a Right of Way to Leased Area for
a Water Line 18
86-126 Approval of Employment of Blum Consulting
Engineers to Prepare Plans to Replace
Fiberglass Water Lines at Power Plant 1. ... 18
PAGE
86-127 Approval to Request Attorney General
to Allow SFASU to Proceed On Its
Own to Sue for Damages in Repair
of Hot Water Piping System*. 13
86-128 Approval to Allow General Counsel to
Proceed With Demand for Damages
Sustained Because of Hot Water
Piping Damage is
86-129 Authorization to Renovate Early Childhood
Area of the Home Economics North
Building 18
86-130 Authorization to Increase Allocation for
Site Work on the SFASU Statue Project 19
86-131 Authorization to Make Improvements to
Press Box at Homer Bryce Stadium . . 19
86-132 Approval to Ratify Contract for Purchase
of the Tucker Property lg
86-133 Adjournment ! ! ! i q
Policy and Procedure for Reduction in
Force of Non-Academic Employees 20
Vehicle Traffic and Parking Regulations . . . ! ! 23
Surveys of Property To Be Leased by
City of Nacogdoches for Water Lines 41
Contract for Purchase of Tucker Property. . . . ! 45
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HUXLEY BAY, TEXAS
July 28, 1986
The meeting was called to order by Mr. Larry Jackson, Chairman
of the Board of Regents, at 9:00 a.m., July 28, 1986.
REGENTS
PRESENT;
STAFF
PRESENT:
Mr
Mr
Mr
Mr,
Mr.
Ms.
Mr.
Mr,
Dr
Mr
Mr
Dr
Dr
Dr
Larry Jackson of Piano
Homer Bryce of Henderson
Dan Haynes of Burnet
Richard Hile of Jasper
W. F. Garner, Jr., of Bridge City
Willia B. Murphy Wooten of Crockett
M. M. Stripling of Nacogdoches
Lavoy Moore of Conroe
. William R. Johnson, President
. Don Henry, Vice President for Administrative
and Fiscal Affairs
. Bob Provan, Legal Counsel
. Baker Pattillo, Vice President for University
Affairs
Dr. James Reese, Vice President for Academic
Affairs
Nancy C. Speck, Director of Development
William J. Brophy, Interim Vice President
for Academic Affairs
86-104
Upon motion of Regent Haynes, seconded by Regent Garner, with
all members voting aye, it was ordered that the minutes of
the meeting of April 29, 1986, be approved.
86-105
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the minutes of
the called meeting of May 21, 198 6, be approved.
86-106
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the followinq
individuals be employed for the positions, dates, and salaries
indicated for Summer I and II, 1986:
1. Department of Administrative Services
Dr. Libbyrose Dalton Clark, Lecturer in Adminis
trative Services, at a salary of $2,666 for 100%
time for Summer I, 1986.
2. Department of Communication
Mr. Randall Jerrj Birdwell, Part-time Instructor
in Communication, at a salary of $1,000 for 50%
time for Summer I, 1986.
Mr. Benjamin Click, Lecturer in Communication, at
a salary of $3,000 for 100% time for Summer I, 1986.
Ms. Sara Bess Dudley, Part-time Instructor in
. Communication, at a salary of $1,750 for 50% time
for Summer II, 1986.
Mr. Barry Glenn Oliver, Part-time Instructor in
Communication, at a salary of $1,500 for 50% time
for Summer I, 1986.
3. Department of Computer Science
Mr. Yawhsing Huang, Lecturer in Computer Science,
at a salary of $6,366 for 100% time for Summer I
and II, 1986.
Dr. Craig A. Wood, Professor in Computer Science,
at a salary of $4,635 for 100% time for Summer II,
19 8 6 »
Department of Counseling and Special Educational
Programs
Ms. June Tenberg, Instructor in Counseling and Special
Education, at. a salary of $3,100 for 100% time for
Summer I, 198 6.
Ms. Marjorie Jean Wood, 35, M.Ed. (University of
Texas-Austin), Visiting Lecturer in Counseling and
Special Education, at a salary of $4,500 for 100%
time for Summer I and II, 1986.
Department of Economics and Finance
Dr. Joe Bert Stine, 40, D.B.A. (Louisiana Tech
University), Associate Professor in Economics and
Finance, at a salary of $4,951 for 100% time for
Summer, 1986.
Department of English and Philosophy
Ms. Annette S. Dawson, part-time Instructor in
English, at a salary of $1,100 for 50% time for
Summer I, 1986.
Ms. JoAnne Cusack Howard, Part-time Instructor in
English, at a salary of $1,100 for 50% time for
Summer I, 1986.
School of Forestry
Dr. Mingteh Chang, Associate Professor in Forestry,
at a salary of $4,478 for 100% time for Summer II,
1986.
a
. Dr. Hershel Reeves, Professor in Forestry, at
salary of $5,430 for 100% time for Summer II, 1986.
Dr. Kenneth Watterston, Professor in Forestry, at
a salary of $5,920 for 100% for Summer II, 1986.
8. Department of Home Economics
Ms. Janie 0. Kenner, Instructor in Home Economics,
at a salary of $2,833 for 100% time for Summer I,
1986.
9. Department of Physics
Dr. John Decker, Professor in Physics, at a salary
of $5,862 for 100% time for Summer II, 1986.
Dr. Norman Markworth, Associate Professor in Physics
at a salary of $4,625 for 100% time for Summer II,
1986.
Mr. Edward Michaels, Instructor in Physics, at a
salary of $8,190 for 100% time for Summer I and
II, 1986.
10. Department of Political Science and Geography
Ms. Mary L. Cams, Assistant Professor in Political
Science, at a salary of $800 as a one-time stipend
for teaching a course for a colleague who is ill.
Dr. Stephen N. Smith, Associate Professor in Political
Science, at a salary of $800 as a one-time stipend
for teaching a course for a colleague who is ill.
11. Department of Psychology
Mr. Benny L. New, Instructor in Psychology, at a
salary of $3,000 for 100% time for Summer I, 1986.
Mr. New taught the classes which were initially
scheduled for Dr. James Speer.
12. Department of Secondary Education
Dr. David Lamar Collins, 36, Ed.D. (North Texas
State University), Lecturer in Secondary Education
at a salary of $4,000 for 100% time for Summer I,
1986.
Dr. David Nelson, Lecturer in Secondary Education,
at a salary of $4,000 for 100% time for Summer II,
1986.
13. Department of Theatre
Ms. Jan Elinor Jones, Part-time Instructor in Theatre,
at a salary of $1,500 for 50% time from June 2-June
30, 1986. Ms. Jones directed two productions for
the Summer Repertory Theatre.
Mr. Alen Oster, Lecturer in Theatre, at a salary
of $3,000 for 100% time for Summer I, 1986.
14. School of Applied Arts and Sciences
The following persons are employed for Summer I, 1986 at the
location and for the salary indicated.
Dr. Mary Appleberry Longview $ 936
Ms. Irene Armsworth Nacogdoches 2,886
Mr. James Bowman Coffield 1,216
Dr. James C. Dennis Kingwood 1,176
Dr. Harry D. Downing Kingwood $ 79 0
Dr. Ralph Eddins Fairfield 988
Dr. Donald Gregory Coffield 1,216
Dr. Patsy Hallman Kingwood 1,040
Dr. Harold Hill Longview 936
Dr. Mary Ella Lowe Kingwood . 1,040
Dr. Samir Maamary Kingwood 1,040
Dr. John J. Quinn Longview 686
Dr. J. A. Rodriguez Kingwood 1,040
Dr. Stephen Smith Coffield 1,216
Dr. Laurence Walker Coffield 1,216
86-107
Upon motion of Regent Moore, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Agriculture
Dr. Joe Gotti, Assistant Professor in Agriculture,
from 100% time for Summer I to 10 0% time for Summer
I and II, 1986, for a total salary of $8,036.
2 . Department of Art
Dr. E. Diane Ford, Associate Professor in Art, from
100% time for Summer I to 100% time for Summer II
at a salary of $5,133.05.
Mr. James Snyder, Professor in Art, from 100% time
for Summer II to 100% time for Summer I at a salary
rate of $5,513.
3. Department of Chemistry
Mr. John T. Moore, Assistant Professor in Chemistry,
from 100% time at a salary of $3,693 to 50% time
at a salary of $1,847 for Summer I, 1986.
Dr. Samuel S. Naistat, Professor in Chemistry, from
100% time at a salary of $5,534 to 50% time at a
salary of $2,767 for Summer I, 1986.
4 . Department of Communication
Dr. William Joseph Oliver, Associate Professor in
Communication, from a salary of $2,581 for 50% time
to a salary of $5,162 for 100% time, effective Summer
II, 1986.
5. Department of Counseling and Special Educational
Programs
Dr. Bernard-thomas Hartman, Professor in Special
Education, from 100% time at a salary of $5,469
to 50% time at a salary of $2,734 for Summer I,
1986. One class failed to make.
6. Department of English and Philosophy
Dr. Leonard Cheever, Professor in English, from
100% time at a salary of $6,045 to 100% time for
Summer I and 50% time for Summer II for a total
salary of $9,068.
Dr. Fred Rodewald, Professor in English, from 50%
time at a salary of $3,093 to 33% time at a salary
of $2,093 for Summer I, 1986.
7. School of Forestry
Dr. David L. Kulhavy, Associate Professor in Forestry,
from 50% time at a salary of $2,210 to 100% time
for Summer II at a salary of $4,420 for Summer II,
1986.
8. Department of History
Dr. Joseph Devine, Associate Professor in History,
from 100% time for Summer I to 100% time for Summer
II at a salary of $4,980.
9. Department of Physics
Dr. Walter L. Trikosko, Assistant Professor in
Physics, from 50% time for Summer I to 100% time
for Summer I and 100% time for Summer II for a total
salary of $7,956.
10. Department of Political Science and Geography
Dr. Ronald Claunch, Professor in Political Science,
from 100% time at a salary of $5,570 to 50% time
at $2,785 for Summer I, 1986.
Dr. Richard Kim, Professor of Political Science,
from 50% time at a salary of $3,104 for Summer I
and 100% time at a salary of $6,209.
11. Department of Sociology
Dr. Richard Hurzeler, Associate Professor in
Sociology, from 50% time at a salary of $2,114 for
Summer I and 50% time at a salary of $2,114 for
Summer II to 100% time at $4,228 for Summer II only.
Dr. Robert K. Richards, Visiting Assistant Professor
in Sociology, from 50% time at a salary of $1,716
for Summer I and 50% time at a salary of $1,716
for Summer II to 100% time at $3,432 for Summer
I only.
12. Department of Theatre
Mr. Thomas M. Matthys, Assistant Professor in Theatre,
from 33% time for Summer I and 67% time for Summer
II at $4,261 to 50% time at a salary of $2,131 for
Summer II only.
86-108
Upon motion of Regent Wooten, seconded by Regent Bryce, with
all member voting aye, it was ordered that the following
individuals be employed for the positions, dates, and salaries
as indicated:
1. Department of Accounting
Ms. Carol E. Price, 25, M.S. (Texas A&M University),
Lecturer in Accounting at a salary of $17,500 for
100% time for nine months, effective September 1,
1986.
Ms. Violet C. Rogers, 29, M.B.A. (Stephen P. Austin
State University), Lecturer in Accounting at a salary
of $17,500 for 100% time for nine months, effective
September 1, 1986.
Ms. Emagene Wind, Lecturer in Accounting at a salary
of $24,491 for 100% time for nine months, effective
September 1, 1986.
2. Department of Administrative Services
Ms. Juliana Janette Durr, 24, M.B.A. (Stephen F.
Austin State University), Lecturer in Administrative
Services, at a salary of $17,500 for 100% time for
nine months, effective September 1, 1986.
Dr. Betty S. Johnson, 36, Ed.D. (University of
Arkansas), Associate Professor in Administrative
Services and Chairman of Department, at a salary
of $41,750 for 100% time for 11 months, effective
September 1, 1986. Dr. Johnson will begin her duties
as Department Chairman on August 1, 1986, and her
salary for the month of August will be $3,795.
3. Department of Art
Mr. Gary Q. Frields, 30, M.F.A. (Stephen F. Austin
State University), Visiting Assistant Professor in
Art, at a salary of $21,313 for 100% time for nine
months, effective September 1, 1986.
4. Department of Communication
Ms. Patricia L. Spence, Part-time Instructor in
Communication and Director of Student Publications,
at a salary of $24,272 for 12 months, effective July
14, 1986. . *
5. Department of Counseling and Special Educational
Programs
Ms. Marietta Lanier Yeates, 44, M.Ed. (Stephen F.
Austin State University), Instructor in Counseling
and Special Educational Programs, at a salary of
$23,750 for 100% time for nine months, effective
September 1, 1986.
6. Department of Economics and Finance
Mr. Rocky N. Dumas, Lecturer in Economics and Finance,
at a salary of $17,500 for 100% time for nine months,
effective September 1, 1986.
Dr. Mike Graham,. 40, J.D. (South Texas College of
Law), Part-time Instructor in Economics and Finance,
at a salary of $3,500 for 25% time for nine months,
effective September 1, 1986.
Mr. Thomas A. Hebert, 47, M.S. (University of
Arkansas), Part-time Instructor in Economics and
Finance, at a salary of $3,000 for 25% time for nine
months, effective September 1, 1986.
Ms. Sarah Nelle Richardson, Part-time Instructor
in Economics and Finance, at a salary of $3,500 for
25% for nine months, effective September 1, 1986.
7.• Department of Elementary Education
Dr. Mary Appleberry, Part-time Professor in Elementary
Education, at a salary of $17,220 for 50% time for
eight months, effective October 1, 1986.
Dr. Judy A. Barnes, Part-time Instructor of Elementary
Education, at a salary of $5,332 for 67% time for
the fall semester, 1986, only.
8. Department of English and Philosophy
Mr. Boyd Douglas Dollar, 30, M.A. (Stephen F. Austin
State University), Part-time Instructor in English,
at a salary of $11,375 for 87.5% time for nine months,
effective September 1, 1986.
9. School of Fine Arts
Dr. William Parsons, 56, Ph.D. (Louisiana State
University), Dean, School of Fine Arts, and Professor
in Theatre, at a salary of $58,000 for twelve months,
effective September 1, 1986. Dr. Parsons will begin
his duties as Dean of the School of Fine Arts on
August 1, 1986 and his salary for the month of August
will be $4,833.
10. Department of Health and Physical Education
Ms.Kathleen Dunn Hamrick, 26, M.F.A. (Florida State
University), Visiting Instructor in Health and Physical
Education, at a salary of $18,000 for 100% time for
nine months, effective September 1, 1986.
11. Department of Home Economics
Ms. Janie 0. Kenner, Lecturer in Home Economics,
at a salary of $8,750 for 100% time for the fall
semester, 1986, only.
12. Department of Management and Marketing
Mr. Ronald A. Bigoness, Lecturer in Management and
Marketing, at a salary of $20,935 for 100% time for
nine months, effective September 1, 1986.
Dr. Jarrett Hudnall, Jr., Professor in Management
and Marketing, at a salary of $33,000 for 100% time
for nine months, effective September 1, 1986.
13. Department of Mathematics and Statistics
Ms. Sandra K. McCune, Lecturer in Mathematics, at
a salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
Ms. Jane Staats Shepard, Lecturer in Mathematics,
at a salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
Ms. Ellen T. Wood, Lecturer' in Mathematics, at a
salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
14. Department of Music
Ms. Susan Brenneis, Part-time Instructor in Music
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
10
Mr. Andrew Bruckf Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Ms. Cynthia Kempf, Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Mr. William Krause, Part-time Instructor in Music,
at a salary of $1,500 for 25% time for the fall
semester, 1986 only.
Mr. Barry Larkin, 32, M.M. (Stephen F. Austin State
University), Part-time Instructor in Music, at a
salary of $6,000 for 50% time for nine months,
effective September 1, 1986.
Mr. Stephen Pelkey, Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Ms. Elizabeth Clayton Withey, Instructor in Music,
at a salary of $.18,000 for 100% time for nine months,
effective September 1, 1986.
15. Department of Secondary Education
Dr. John Calvin Austin, Part-time Professor in
Secondary Education, at a salary of $18,170 for 50%
time for nine months, effective September 1, 1986.
Dr. Allan Gordon Cannon, Part-time Instructor in
Secondary Education, at a salary of $8,000 for 50%
time for nine months, effective September 1, 1986.
Dr. Clyde L. Iglinsky, Part-time Instructor in
Secondary Education, at a salary of $4,000 for 25%
time for nine months effective September 1, 1986.
Dr. Morgan C. Moses, Part-time Professor in Secondary
Education, at a salary of $19,125 for 50% time for
nine months, effective September 1, 1986.
16. Department of Theatre
Mr. Allen Oster, Lecturer in Theatre, at a salary
of $17,250 for 100% time for nine months, effective
September 1, 1986.
11
17. University Affairs
Mr. Stephen Allgood, Assistant Basketball Coach for
men, at a salary of $3,604f effective July 14, 1986
to August 31, 1986. Effective September 1, 1986,
Mr. Allgood's salary will be $25,993 for ten and
one-half months.
Ms. Jamie Fain, Director of Residence Life, at a
salary of $24,272 for twelve months, effective June
30, 1986.
Mr. Kenneth Ross, Police Officer I, at a salary of
$13,146 for twelve months, effective June 23, 1986.
86-109
Upon motion of Regent Garner, seconded by Regent Hile, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Administrative Services
Dr. Dillard Tinsley, from Interim Chairman of the
Department of Administrative Services and Professor
in Management and Marketing at a salary of $49,142
for eleven months to Professor in Management and
Marketing at a salary of $40,207 for nine months,
effective August 1, 1986.
2. Department of Biology
Dr. Alan Hay, from Associate Professor in Biology
at a salary fo $30,348 for nine months to Chairman
of the Department of Biology and Associate Professor
in Biology at a salary of $40,000 for eleven months,
. effective September 1, 1986.
Dr. Fred Rainwater, from Associate Professor in Biology
and Interim Dean, School of Sciences and Mathematics,
at a salary of $48,000 for twelve months to Associate
Professor in Biology at a salary of $37,080 for nine
months, effective August 1, 1986.
3. Department of Chemistry
Dr. Wayne Boring, from Professor in Chemistry at
a salary of $35,218 for nine months to Interim Chairman
of the Department of Chemistry and Professor in
Chemistry at a salary of $44,044 for eleven months,
effective September 1, 1986.
12
Dr.^ Jacob Seaton, from Professor in Chemistry and
Chairman of the Department of Chemistry at a salary
of $52,530 for twelve months to Professor in Chemistry
at a salary of $40,579 for nine months, effective
September 1, 1986.
4. Department of Music
Mr. John William Goodall, Instructor in Music, from
a salary of $20,122 for 100% time for nine months
to a salary of $21,022 for 100% time for nine months,
effective September 1, 1986. This is to correct
an error in the printed budget.
Dr. Max Lynn Morley, from Associate Professor in
Music and Interim Dean, School of Fine Arts, at a
salary of $34,632 for eleven months to Associate
Professor in Music at a salary of $29,185 for the
nine months, effective August 1, 1986.
5. University Affairs
Mr. Kenneth Kennamer, from Director of University
News and Information and Interim Director of Student
Publications at a salary of $37,464 to Director of
University News and Information at a salary of $33,964,
effective July 13, 1986.
6. Computer Center
Mr. Randy Slade Askew, from Manager of Operations,
at an annual salary of $25,500 to Manager of Computer
and Communication Operations at a salary of $27,185,
effective June 1, 1986, through August 31, 1986 and
$28,000 effective September lf 1986.
Mr. Billy J. Click, from Director of Computer Center
at an annual salary of $46,285 to Director of Computing
and Communication Services at a salary of $47,57 4
effective May 15" through August 31, 1986, and $49,000
effective September 1, 1986.
Ms. Kristi J. Ellsworth, Programmer, from an annual
salary of $18,298 for 100% time to a salary of $9,149
for 50% time effective June 24, 1986.
86-110
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the following
resignations be accepted:
13
1. Department of Art
Ms. Margaret R. Lazzari, Assistant Professor in Art
effective May 31, 1986.
2. Department of Agriculture
Dr. Walter Stephen Woodley, Assistant Professor in
Agriculture, effective June 30, 1986.
3. Department of Biology
Ms. Jennifer Matos, Laboratory Coordinator, effective
March 15, 1986.
4. Department of Communication
Dr. William A. Mulligan, Assistant Professor in
Communication, effective July 9, 1986.
5. Department of Computer Science
Dr. Richard M. Reese, Assistant Professor in Computer
Science, effective May 31, 1986.
6. Department of Counseling and Special Educational
Programs
Ms. Debra W. Bankston, Lecturer in Counseling and
Special Educational Programs, effective May 31, 1986.
7. Early Childhood Laboratory
Ms. Kimberly Anne Fuller, Kindergarten Teacher,
effective June 27, 1986.
Ms. Sandra Kay Provan, Infant Teacher, effective
June 30, 1986.
8. Department of Health and Physical Education
Ms. Cheri A. Burns, Part-time Instructor in Health
and Physical Education and Volleyball Coach, effective
May 31, 1986.
Mr. Daniel J. Kaspar, Part-time Instructor in Health
and Physical Education and Assistant Basketball Coach,
effective June 16, 1986.
9. Department of Physics
Mr. Robin Alan Haines, Laboratory Coordinator,
effective May 29, 1986.
14
10. University Affairs
Ms. Deborah Harmon, Police Officer I, effective June
2, 1986.
Dr. Bonita Jacobs, Director of Residence Life,
effective July 3, 1986.
Dr. William Porter, Dean of Student Development,
effective July 22, 1986.
Ms. Stella Richey, Senior Secretary in Intercollegiate
Athletics for Men, effective April 4, 1986.
86-111
Upon motion of Regent Hile, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
request for leave of absence be granted.
1. Department of Art
Mr. Piero Fenci, Associate Professor in Art, leave
without pay, effective fall semester, 1986, only.
86-112
Upon motion of Regent Haynes, seconded by Regent Wooten, it
was ordered that the following retirements be approved.
1. Department of Administrative Services
Mr. Charles William Logan, Instructor in Administrative
Services, effective May 3, 1986.
2. School of Forestry
Mr. Ellis V. Hunt, Associate Professor in Forestry,
effective May 31, 1986.
3. Graduate Office
Ms. Marilyn Odom, Administrative Assistant to Dean
of Graduate School, effective August 31, 1986.
4. Department of Physics
Dr. John P. Decker, Professor in Physics, effective
May 31, 1986.
5. Department of Political Science and Geography
Dr. Wesley Sisson Chumlea, Associate Professor in
Political Science, effective May 31, 1986.
15
86-113
Upon motion of Regent Hile, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
award of tenure be approved:
1. Department of Communicaton
Dr.^ Heber Taylor, Professor in Communication and
Chairman, Department of Communication, effective
September 1, 1986.
86-114
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the foliowinq
promotions be honored:
1. Dr. John Whitt, Professor Emeritus of Accounting,
effective September 1, 1986.
2. Dr. Edwin W. Gaston, Jr., Professor Emeritus of
English, effective September 1, 1986.
86-115
Upon motion of Regent Bryce, seconded by Regent Moore, with
all members voting aye, it was ordered that the holiday schedule
for University employees on a twelve-month basis be approved
as listed below:
1986
Monday, September 1
Thursday, November 27
Friday,November 28
Wednesday, December 24
Thursday, December 2 5
Friday, December 26
Monday, December 29
Tuesday, December 3 0
Wednesday, December 31
1987
Thursday, January 1
Friday, January 2
Wednesday, March 18
Thursday, March 19
Friday, March 20
Friday, April 17
16
86-116
Upon motion of Regent Garner, seconded by Regent Hile, with
all members voting aye, it was ordered that the Policy and
Procedure for Reduction in Force for Non-Academic Employees
be adopted as presented. See page 20 for Reduction in Force
Policy.
86-117
Upon motion of Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the last class
day enrollment report for the spring semester of 1986 be
approved as submitted at the meeting.
86-118
Upon motion of Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the Parking and
Traffic Regulations, 1986-87, be approved as submitted. See
page 23 for copy of these regulations.
86-119
Upon motion of Regent Moore, seconded by Regent Haynes, with
all members voting aye, it was ordered that the General Bulletin
for 1986-87 be approved, as submitted.
86-120
Upon motion of Regent Hile, seconded by Regent Wooten, with
all members voting aye, it was ordered that the following
budget adjustments for FY 86 be approved:
Account No. Account Name Explanation Amount
No. 5615 UC Programs Transfer from UCP $ 18,500
income acct. to
expenditure acct.
No. 5295 Physical Plant Installation of 11,358
Department sign for Bryce
Stadium
Source of Funds: Auxiliary Enterprise Surplus
86-121
Upon motion of Regent Garner, seconded by Regent Haynes, with
all but one member voting aye, M. M. Stripling abstained,
it was ordered that the University Bank Depository Contracts
be approved for one year, September 1, 1986, through August
31, 1987, and that the Chairman of the Board be authorized
to sign the contracts with the following banks and savings
and loan associations:
17
Commercial National Bank, Nacogdoches, Texas
Fredonia State Bank, Nacogdoches, Texas
Stone Fort National Bank, Nacogdoches, Texas
First City National Bank, Lufkin, Texas
Republic Bank of Lufkin, Lufkin, Texas
Superior Savings Association, Nacogdoches, Texas
First Federal Savings and Loan Association,
Nacogdoches, Texas
Guaranty Federal Savings and Loan Association,
San Antonio, Texas
Certificates thnf andmini.stration be authorized to purchase
f d cDeP°Slt fr°m . **e depository institutions,
86-122
submitted under separate cover.
86-123
aUlplo n m^irc Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the followina
persons be authorized to approve travel requests by Unive?si2?
employees for the period August 1, 1986, through August 3U
Dr. William R. Johnson, President
Dr. James V. Reese, Vice President for Academic Affairs
^Y^7 ^ President for Administrative and
Dr.. Baker Pattillo, Vice President for University Affairs
86-124
Upon motion of Regent Garner, seconded by Regent Haynes, with
all members voting aye, it was ordered that a fee charge for
22tJCa^SnK PlanS f°r Postgraduates seeking teaching
be approved according to the following Ichedule:
1. Jamison Bill Certification Plans. . $40.00
2. Out-of-state graduates 20 00
3. Foreign transcripts ) 40*00
4. Deficiency Plan for TEA ...... 2o!oo
5. Endorsement Plans 10*00
86-125
Upon motion of Regent Bryce, seconded by Regent Hile, with all
members voting aye, it was ordered that a lease of a tract of
p?™ °I ch^-e^ Side Of the camPus' adjacent to the
Pmecrest Subdivision, consisting of approximately one-half
acre and an easement and right of way for access to the leased
area and for a water line be granted to the City of
Nacogdoches. See page 41 for description of property.
86-126
of*e9ent Hile, seconded by Regent Garner, with
voting aye, it was ordered that Blum Consulting
° Saila/ube ne™Ployed to Prepare plans to replacl
ai? fc f,lber9lass water lines which have developed
^TvP1u^ X and that the Administration be
auSort^ \° ^ bi.S °n the Pro^ect and the President be
authorized to sign the contract with the approval of the
Chairman and Executive Committee.
Source of Funds: Higher Education Assistance Funds.
86-127
Upon motion of Regent Hile, seconded by Regent Garner, with
rlanlTM3 V£ing aye' ifc WaS °rdered ^at the Administration request the Attorney General of Texas to allow Stephen F
Sf ^ ^J^"1^ to Proceed on its own to suef or submli
th fOn! i • dama^es. a"d other appropriate relief any or
\ followmg parties for the repair of the hot water
ySSf ^ Plant X tO Liberal ArtS North * th
1. Friberg Associates, Incorporated
2. Thermacor, Incorporated
3. Fiberglass Resources Corporation
4. Sumners, Incorporated
5. Koch Fiberglass Products
6. Any other responsible party
86-128
Upon motion of Regent Hile, seconded by Regent Bryce, with all
members voting aye, it was ordered that thl GeneSl Counsel be
authorized to proceed to make demand from those complies
Inl lLXn S^lon 86-127 for ^11 losses sustained because
hot water piping system failure under the Deceptive Practice
86-129
Upon motion of Regent Wooten, seconded by Regent Moore, with
all members voting aye, it was ordered that the Administration
be authorized to renovate the Early Childhood area o? S Home
Economics North Building for an estimated cost of $23,000.
Source of Funds: Higher Education Assistance Funds
19
86-130
Upon motion of Regent Haynes, seconded by Regent Garner, with
all members voting aye, it was ordered that the allocation
for site work on the Stephen F. Austin statue project be
increased by $12,500.
86-131
Upon motion of Regent Garner, seconded by Regent Haynes, it
was ordered that the administration be authorized to make
certain improvements in the press box at Homer Bryce Stadium
at a cost not to exceed $36,500.
86-132
Upon motion of Regent Bryce, seconded by Regent Garner, with
all members voting aye, it was ordered that the purchase of
the Tucker property for a sum of $775,000, as per the contract
executed by the President and the Chairman of the Board be
ratified. See page 45 for contract.
86-133
Upon motion of Regent Wooten, seconded by Regent Garner, with
all members voting aye, it was ordered that meeting be adjourned
at 11:00 a.m.
20
Policy and Procedure for Reduction in Force of
Non-Academic Employees
Purpose
The purpose of this policy and procedure is to establish a process for effecting a
reduction in force.
Definition
A reduction in force is defined as a layoff of a segment of the work force due to
a lack of work, reduction in funding, or reorganization. It is an involuntary
termination of employment not involving delinquency or misconduct.
Determination
The President of the University may implement a reduction in force in order to meet
operating expenses and maintain sound reserves without diminishing capital or
generating unwise or impermissable indebtedness. Prior to the implementation, the
President shall consult with the Vice Presidents and other administrators of the
Presidents choice. The consultation shall include a discussion of:
(1) anticipated income and expenditures;
(2) retrenchment measures which have been taken;
(3) reasonable alternatives to reduction in force; and
(4) any other matter the President deems appropriate.
1. Regular, full-time employees will be given preference for retention over
probationary, part-time, or temporary employees.
2. Length of service with the University, ability to perform the work remaining
in the affected department, and critical skills required for the remaining
work shall be weighed equally in selecting employees for layoff.
3. The University will make every effort to place potentially affected employees
in vacant positions for which they qualify.
4. Employees who are laid off as a result of a reduction in force will be given
priority consideration for vacant positions for which they qualify.
5. If there are no suitable job openings at the University, the Personnel Services
Office will provide reasonable assistance to affected employees in finding
positions outside the University.
Procedure
1. A director or other administrator instructed by the President to accomplish a
reduction in force will prepare a Work Force Profile on all employees in the
affected department or program. The Work Force Profile shall indicate the
number of positions to be abolished, discontinued, or vacated, and the names,
job titles, length of service, and classification (temporary, probationary, or
full-time, regular) of the affected employees.
21
2. The director or other administrator shall list the employees recommended for
separation on a Reduction-in-Force Roster and forward the roster and the
Work Force Profile through the appropriate Vice President to the Director of
Personnel Services.
3. The Director of Personnel Services shall review and certify that the Reduction-in-
Force Roster complies with the provisions of the reduction-in-force policy.
4. After certification by the Director of Personnel Services, the roster for every
affected department shall be sent to the President for final approval.
5. Upon approval by the President, the director or other administrator of the
department will meet with each affected employee, review the reason for the
reduction in force, provide the employee with written notification of separation,
and refer the employee to the Personnel Services Office. Whenever possible.
a written notification should be given at least thirty (30) days prior to the
effective date of the reduction in force.
6. In the Personnel Services Office, each affected employee will complete a new
application. The Personnel Services Office will review the application and
interview the employee.
7. If there are suitable openings with the University, the employee will be
referred to those job vacancies for which the employee is qualified.
8. If there are no suitable openings, the University may replace an employee in
one department with an employee who has more seniority in the same or
other department. The University may exercise this option in cases where
both employees are in the same or similar job classification according to the
UniversityTs validated job descriptions, or the employee will be provided
with placement assistance for positions outside the University. The affected
employee who is transferred under this option shall receive the compensation
budgeted for the position to which the employee has been transferred.
9. The Personnel Services Office will provide each affected employee with
information regarding unemployment benefits from the Texas Employment
Commission and other available assistance.
10. Employees who are laid off as a result of a reduction in force will be recalled
to the next available position for which they qualify. The right to recall shall
be granted on a priority basis. Length of service to the University, ability
.to perform the work in the affected department, and critical skills required
for the work shall be weighed equally in selecting employees for recall.
11. A notice of recall shall be sent to affected employees at the last known address
according to University records.
12. A reasonable period of time not to exceed seven (7) days will be allowed for
the affected employee to reply. The University may grant written extension
when there are extenuating circumstances.
13. The right to recall shall cease six (6) months after layoff.
14. An employee on layoff from the University who rejects a recall or job offer for
a position for which he or she qualifies shall forfeit further rights to recall.
22
15. Each employee who is laid off as a result of a reduction in force may appeal the
decision in accordance with the Procedure for Category I Grievances under the
Grievance and Appeals Procedure for Non-Academic Employees. The appeal
shall begin at Step Three. The burden of proof is on the employee, and the
scope of the review is limited to the opportunity for the employee to establish
that the layoff was made on a constitutionally impermissable or unlawful basis
or an arbitrary or capricious basis, or that this policy and procedure was
substantially violated.
July 9, 1986
23
VEHICLE TRAFFIC AND PARKING REGULATIONS
GENERAL INFORMATION
A. These regulations are approved by the Board of Regents
of Stephen F. Austin State University.
B. The University Police Department has the responsibility
and legal authority for the enforcement of the traffic
and parking regulations listed in this booklet.
C. The University considers the use of a vehicle on campus
a convenience and is not obligated to furnish unlimited
parking space to accommodate all vehicles. The.
University will, however, attempt to provide a
reasonable number of parking spaces in keeping with
available resources.
D. Every person operating a motor vehicle on University .
property is held responsible for obeying all University
traffic and parking regulations as well as all city and
state parking and traffic regulations.
E. The term "University property" is interpreted to-include
all properties under the control and
jurisdiction of the Board of Regents of Stephen F.
Austin State University.
P. The term "visitor" is interpreted to mean an individual
with no official connections with Stephen F. Austin
State University as a student, faculty, staff member,
or employee of private contractors assigned to Stephen
F. Austin State University campus.
Go Visitor parking is set aside for special interest areas
of the University. THESE SPACES HAY NOT BE UTILIZED BY
UNIVERSITY PERSONNEL, STUDENTS, OR EMPLOYEES OF PRIVATE
CONTRACTORS ASSIGNED TO STEPHEN' F. AUSTIN STATE
UNIVERSITY CAMPUS. These spaces are reserved for
bonafide visitors to the University. Visitors should
obtain a visitor parking permit from the University .
Permit & Citation Office or Information Booth on Vista
Drive.
H. Handicapped parking is provided in many parking lots on
campus. THESE SPACES ARE RESERVED 24 HOURS A DAY,
SEVEN (7) DAYS A UEEK FOR THE HOLDERS OF HANDICAPPED
PARKING PERMITS.
24
I. If a different vehicle must be registered, the remnants
of the old permit must be presented to the University
Permit & Citation Office to obtain a replacement permit
for $1.00. If no old permit is presented, the regular
fee uill be charged.
J. Should a parking permit become mutilated or obliterated
in any way, a new permit must be obtained from the
University Permit & Citation Office. Uhen the remnants
of the old permit are presented, a replacement uill be
issued for $1.00.
K. The University Police Department offers escort service
upon request betueen dusk and daun to individuals
requiring transportation to and from dorms, academic
buildings and/or vehicles. To receive escort, request
in person at the University Police Department, or by
telephone at 568-2608.
The University Police Department also provides escort
24 hours a day to local hospitals for emergencies.
For further information on the escort service, call the
University Police. Department at 568-2608.
L. If a vehicle becomes disabled and cannot be parked in
its assigned area, it must be reported to the
University Police Department. The fact that the
vehicle is disabled uill be recorded and an officer
uill either render assistance or authorize temporary
parking. Temporary parking uill only be authorized for
24 hours or less. If parking for a longer period is
necessary it must be renewed at 24 hour intervals.
Temporary parking uill not be authorized in areas that
are not parking spaces (tou auay or no parking zones,
etc.) or in Handicap Parking.
M. A permit may not be displayed on a disabled vehicle.
For these purposes, a disabled vehicle is a vehicle
that has been disabled for more than three ueeks,
O. Services such as jump starts and unlocking vehicles are
offered by the University Police Department as time
permits. The University Police Department does not
change flats, push cars or perform any major automotive
service.
25
VEHICLE REGISTRATION
A. All faculty, staff, students (full or part-time), or
employees of private contractors assigned to Stephen F.
Austin State University property, uho operate a vehicle
on University property, regularly or occasionally, are
REQUIRED to obtain a parking permit. Vehicles may be
registered in the Permit 8 Citation Office at the
University Police Department between 7:30 a.m. and 5:00
p.m. Monday through Friday.
B. The registration of all vehicles operated on campus is
required, but registration in itself is no guarantee of
a parking space near the place uhere one uorks, resides
or attends classes. The responsibility of finding a
LEGAL parking space rests uith the vehicle operator and
lack of space is not a valid excuse for violations of
any parking regulations. Visitors will be provided
permits as required by Rule E, pg. 4.
C. A permit must be obtained for each academic year or
portion thereof.
D. Permits for the current academic year may be obtained
at any time during the academic year. Persons may
obtain permits for the next academic year beginning
July 1 for faculty, staff, and employees of private
contractors assigned to campus and August 1 for
students.
E. A permit roust be displayed on the vehicle no later than
the first University business day that the vehicle is
brought on campus.
F. A permit must be displayed as designated by the
University Police Department. Only the permit for the
current academic year should be displayed.
G. Vehicles owned by students may not normally be
registered in the name of a faculty or staff member.
5. Faculty, staff, or employees of private contractors
assigned to Stephen F. Austin State University campus
changing permit status or students changing permit
status or vehicles must obtain a new permit no later
than the first University business day after the change
takes place.
If an identifying portion of the original permit is
presented at the time of replacement, replacement
26
permits will be issued for $1.00 each. Otheruise the
regular fee will be charged. A vehicle should not be
sold uith the parking permit still displayed.
I. The permit holder is held responsible for all
violations. A citation is not excused on the plea that
another person uas driving the vehicle.
J. Pee for vehicle registration:
1. Faculty, Staff, or Private Contractor
a. Full Year First Vehicle $25.00
^ Second Vehicle 15.00
b. After Jan. 1 First Vehicle 15.00
Second Vehicle 10.00
c. Summer 3.00
2. Residence Hall
a. Full Year First Vehicle $15.00
Second Vehicle 10.00
b. After Jan. 1 First Vehicle 10.00
Second Vehicle 5.00
c. Summer 3.00
3. Units I, II, III and University Apartments
a. Full Year First Vehicle $15.00
Second Vehicle 10.00
b. After Jan. 1 First Vehicle 10.00
Second Vehicle 5.00
c. Summer 3.00
4. Commuters (Off Campus Residents)
a. Full Year $ 5.00
b. After Jan. 1 5.00
c. Summer 3.00
REQUIRED DISPLAY OF PERMIT
Registration is not complete until a current registration
permit is properly displayed as follous:
A* Proper Display
To be properly displayed, the permit must be
permanently affixed in the position listed belou for
vehicle type. Taping or clipping the permit is not
considered as permanent placement (except visitor
permit and temporary permit).
1. Pickups uith screens in rear uindous or campers,
convertibles, vehicles uith tinted rear glass or
27
rear uindou louvers must display an exterior
parking permit. Permit must be displayed in the
louer left-hand corner (driver's side) of rear
uindou or the left side of rear bumper.
2. Motorcycles must display an exterior permit.
Permit must be displayed uhere it can be seen
uithout difficulty.
3. All other vehicles must display a permit on the
inside, in the louer left-hand corner (driver's
side) of rear uindou.
4. Faculty and staff permits shall be displayed from
the rear vieu mirror in a manner to be visible
from both the front and rear of the vehicle.
Faculty and staff permits may be displayed on any
vehicle to be used by the permit holder.
B. Permit Not Transferable
A permit is not transferable from the person to uhora it
is issued. A student permit is not transferable from
the vehicle for uhich it is issued. Faculty, Staff, or
Private Contractor permits may be moved from one
vehicle to another and can be displayed on any vehicle
used by the permit holder. Resale of parking permits
is prohibited and uill be considered as a false or
fictitious permit.
TYPES OF PERMITS
A. Permanent Permits
1. Faculty, Staff, or Private Contractor
These permits are issued to full-time employees of
the University, to full-time employees of private
contractors assigned to the campus or as
authorized by the Chief of Police. These permits
designate a particular lot assignment. Holders of
this type of permit may use available faculty and
staff spaces outside their assigned lots to
conduct University business on a temporary basis.
These permits must be returned to the Permit &
Citation Office if employment on campus ceases.
2. Residence Hall
These permits are issued to students uho live in
residence halls. Holders of these permits may
28
park in any area designated as "Residence Hall"
parking or "All permit" area parking.
3. Units and University Apartments
These permits are issued to residents of Units I
11, and III, Starr, Garner, Old Raguet Neu
Raguet, Clark, and University Woods Apartments.
Holders of these permits may park in any area
designated as "Apartment" parking or "All Permit"
area parking.
4. Commuters (Students Not Living in University
Housing) 7
These permits are issued to students not livinq in
University housing or faculty, staff or students
uno uish to park in areas designated as "All
Permit" parking areas. Holders of these permits
may park in areas designated as "All Permit" area
parking.
B. Handicapped Permits
1. Handicapped Permits are issued by the County Tax
Assessor-Collector in the Nacogdoches County
Courthouse. J
2. Only vehicles displaying a Handicapped Permit may
park in "Reserved for Handicapped" parking spaces.
C. Temporary Permits
1- Substitute Vehicle
If a vehicle other than the vehicle registered
with the University roust be parked on campus a
temporary permit must be obtained at the Permit &
Citation Office no later than the first University
business day the vehicle is brought on campus
These permits are free of.charge to holders of
regular parking permits.
2. Short Term Vehicle
Operators not having a vehicle registered with the
University who need to operate a vehicle on campus
lor a short period of time nay purchase a
temporary permit for SI.00 per ueek. This permit
must be obtained at the Permit & Citation Office
29
no later than the first University business day
the vehicle is brought on campus.
3. Loading and Unloading Permit
A temporary permit may be obtained at no charge
for loading or unloading heavy equipment,
supplies, bulky class projects, etc., in an area
other than the area designated on one's regular
permit. These permits may be obtained at the
Permit & Citation Office.
4. Temporarily Disabled Permit
A temporary permit may be obtained to allow
persons who are temporarily disabled to park in
areas other than the area designated on one's
regular permit. Applications for this permit must
be accompanied by a medical form available at the
Permit & Citation Office. Parking assignments
uill be made in keeping uith available resources.
D. Visitor Parking
Visitors should obtain a "Visitor Permit" from the
Permit and Citation Office or Infornation Booth and
display it on their vehicle uhile parking on campus:
There is no charge for this permit*
E. Bicycle Permits
The University does not require bicycles to be
registered, however, the University Police Department
encourages bicycle owners to obtain a bicycle permit
for identification purposes. There is a $1.00 charge
for this permit.
PARKING REGULATIONS
A. The University reserves the right to enforce parking
and traffic regulations:
1. through the issuance of citations and the
collection of fees for offenses.
2. through the impoundment of vehicles in place or
the removal by towing of vehicles interfering with
30
the movement of vehicular or pedestrian traffic or
involved in specified parking offenses.
3. by the suspension or revocation of permits for
repeated offenses.
4. by barring re-admission of any student for
non-payment of outstanding fees.
5. by withholding a student's official transcript and
diploma.
6. by other such methods as are commonly employed by
city or state police in the control of traffic.
B. Responsibility for finding authorized parking space
rests with the motor vehicle' operator.
C. Parking areas are designated by metal signs. These
signs indicate the type of permit holder for which the
area is reserved. Certain lots are reserved for permit
holders assigned to that lot only.
D. Parking areas are generally reserved for the type of
permit holder indicated by signs from 6:00^ a.m. to 4:00
p.m., Monday through Friday, except as otherwise
designated.
E. Unpaid charges for parking offenses are recorded in the
name of the person uho has registered the vehicle uith
the University Police Department or in the name of the
person in whose name the vehicle is registered uith
some official state motor vehicle registration
department or agency.
NOTE: If a student has the same family name and/or
home address as the registered owner, then' the
unpaid charges on non-permitted vehicles will be
recorded in the student's name-
F. A physically disabled person uith a temporary "Special"
permit may park only in those areas specified on the
permit by the Permit & Citation Office*
G. Several curb-side spaces, regardless of the type area
in uhich they are located, are reserved 24 hours a day,
seven (7) days a week for holders of "Handicapped"
permits.
H. Several curb-side spaces regardless of the type area in
which they are located, are reserved 24 hours a day,
31
seven (7) days a ueek for service vehicles. Residence
Hall Directors, or as loading zones.
I. Several curb-side spaces too small for conventional
vehicles have been designated for motorcycles by curb
markings. Spaces so marked are for two-wheeled motor
vehicles only.
J. Certain parking spaces have been designated as "20
minute"parking spaces. These spaces are so designated
to provide short-term parking for business access to
the post office, University Center offices and other
designated areas. Overparking in these spaces is
prohibited. Citations may be issued for each 21 minute
segment of overparking.
K. All vehicles, except motorcycles, must park head-in and
uithin a defined space in lots and streets having angle
or head-in parking.
L. Vehicles are prohibited at all times from parking in
reserved spaces without a proper permit, no parking
2ones, tow-away zones, fire lanes, crosswalks, loading
. zones or service driveways, on lawns, curbs or
sidewalks, barricaded areas or in any manner which
obstructs the flow of vehicular or pedestrian traffic.
M. Students, faculty, staff and employees of private
contractors assigned to Stephen F. Austin State
University are expected to be familiar with and abide
by these regulations at all times. The fact that a
certain citation is not issued when a vehicle is
illegally parked does not mean or imply that the
regulation or law is no longer in effect.
N. The responsibility for obtaining knowledge of all laws
and regulations in force rests with the motor vehicle
operator.
VIOLATIONS AND ENFORCEMENT OF PARKING REGULATIONS
A. General Violations
1. Parks a vehicle displaying a valid permit, but in
violation of lot or area assignment
Fee: $6.00 plus impounding fee if vehicle is
impounded in place
32
ABOVE PARKING CONTROL WILL APPLY FROM 6:00 A.M. TO 4:00
P.M., MONDAY THROUGH FRIDAY.
2. Parks backwards in a parking space
Fee: S6.00
3. Pails to properly display a valid parking permit
Fee: S6.00 plus impounding fee if vehicle is
impounded in place and vehicle roust be
registered if owner or operator is faculty,
staff, student, or employee of a private
contractor assigned to campus.
4. Does not park properly within the lines of a
parking space.
Fee: $6.00
ABOVE PARKING CONTROLS WILL APPLY 24 HOURS A DAY, SEVEN
(7) DAYS A WEEK.
5. Parks in a space designated "20 minute parking"
for more than 20 minutes
Fee: S6.00 plus impounding fee if vehicle is
impounded in place. A citation may be issued
for each 21 minute segment of overparking.
ABOVE PARKING CONTROL WILL APPLY FROM 6:00 A.M. TO 4:00
P.M., MONDAY THROUGH FRIDAY*
Flagrant Violations
1. Parks in a reserved space without displaying a
proper permit.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tow fee if vehicle
is removed by tow away.
2, Parks a vehicle in a no parking 2one.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tow away.
33
3. Parks in any manner which obstructs vehicular
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
4. Parks in any manner which obstructs a crosswalk.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
Parks in a fire lane.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
6. Parks in a tou auay 2one.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
7. Parks in a loading zone or service driveuay.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
8. Parks on a laun, curb, sideualk or other area not
set aside for parking.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
9. Parks on campus while parking privileqes are
suspended.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
Moves any barricade or parks uithin any barricaded
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
10.
area.
34
11. Uses a forged, altered, false or fictitious
permit.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
12. Falsifies or alters vehicle registration
information.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
13. Parks in a "Reserved for Handicapped" parking
space uithout displaying a proper permit.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
14. Parks in violation of the directions of a Traffic
Control Officer.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
ABOVE PARKING CONTROLS MILL APPLY 24 HOURS A DAY SEVEN
(7) DAYS A WEEK.
C. Citations for Parking Violations
1. Citations uill be issued to vehicles for violation
of parking regulations. '
2. Fees for parking violations may be paid in person
at the University Permit & Citation Office located
in the University Police Department Building
betueen 7:30 a.m. and 5:00 p.m. Monday through
Friday or mailed to:
University Permit & Citation Office
P.O. Box 13062 SFA
Nacogdoches, Texas 75962
D. Impoundment in Place
1. A vehicle may be impounded in place if:
a. it is engaging in a violation; or
35
b. the owner or operator violates the terms of a
conditional release.
2. A vehicle impounded in place shall be released if:
a. the owner or operator pays for all
outstanding citations on the vehicle plus a
fee of $7.50.
b. the University Chief of Police authorizes the
release of the vehicle.
3. Fees for impoundment in place, must be paid in
person at the Permit and Citation Office between
7:30 a.m. and 5:00 p.m. Honday through Friday or
the Police Dispatch Office after 5:00 p.m. and on
Saturday and Sunday.
E. Tou Away
1. A vehicle impounded in place may be towed away if:
a. disposition of all citations for the vehicle
is not made within three (3) days of the
impoundment;
b. the owner or operator removes or attempts to
remove the impounding equipment attached to
the vehicle.
2. A vehicle may be towed away if the owner or
operator:
a. parks in any manner which obstructs vehicular
traffic;
b. parks in any manner which obstructs a
crosswalk;
c. parks in a loading zone or service driveway;
d. parks in a no parking 2one;
e. parks in a fire lane; '
f. parks in a tou away zone;
g* parks on campus while parking privileges are
suspended;
h. moves any barricade or parks in any
barricaded area;
i. parks in a reserved space without displaying
proper permit;
j. parks in a "Reserved for Handicapped" space
uithout displaying a proper permit;
k. violates the terms of a conditional release;
1. parks in violation of the directions of a
Traffic Control Officer; or
n. is engaging in a violation and has been
previously impounded during the current
academic year.
36
3. A vehicle that has been removed by tow auay shall
be released if:
a. the ouner or operator of the vehicle pays the
fees for all outstanding citations on the
vehicle plus a commercial urecker service fee
of $30.00 and storage charges of S3.00 per
day after the first 48 hours; or
b. the University Chief of Police authorizes the
release of the vehicle.
4. When the removal of a vehicle has been authorized
and the ouner or operator of the vehicle appears
at the vehicle after the urecker has arrived and
the urecker driver has made a hook-up or signed
the tou order for custody of the vehicle, the
vehicle shall not be toued auay if the ouner or
operator:
a. presents proof of the proper disposition of
all outstanding citations on the vehicle;
b. pays the urecker driver a fee of S10.00 in
lieu of touing; and
c. agrees to move the vehicle.
5. When the removal of a vehicle has been authorized
and the ouner or operator appears at the vehicle
before the arrival of the urecker, the vehicle
shall not be toued if the cuner or operator:
a. presents proof of the proper disposition of
all outstanding citations on the vehicle; and
b. agrees to move the vehicle.
6. No vehicle may be toued auay uithout the express
authority of the University Chief of Police-or his
designated representative. *
7. Fees for tou auay must be paid in person at the
Permit and Citation Office between 7:30 a.m. and
5:00 p.m. Monday through Friday or the Police
Dispatch Office after 5:00 p.m. and on Saturday
and Sunday.
F. Suspension of Parking Privileges
1. Traffic and Parking Regulations are rules and
regulations adopted by the Board of Regents under
the authority of the Education Code. All vehicles
operated on the properties of the University are
required by lau to comply uith University Rules
and Regulations.
37
Notices of parking violations constitute a
smrpen. ion of parking privileges and any fee
assessed is for reinstatement of parking
privileges for operators of vehicles registered
with the University.
All violations involving registration of vehicles
operated on the properties of the University are
violations of the law and University Rules and
Regulations. Disposition of. these citations at
the University is a privilege extended by the
University which may be withdrawn at the
University's option.
Violation of University Traffic and Parking
Regulations is a misdemeanor punishable by a fine
of up to $200.00.
Any parking violation may be filed in a Justice or
Municipal court as a violation of University Rules
and Regulations.
2. Violation of suspension of parking privileges
shall result in impoundment in place or removal of
the vehicle by tou away.
G. Appeal of Citation
If a person receives a citation and believes it is
unwarranted, he or she may enter a plea of not guilty
at the University Police Department. All pleas must be
entered at the University Police Department within
seven (7) class days of the date of the citation.
Appeal forms and other information may be obtained at
the Permit & Citation Office in the University Police
Department.
Student citations shall be appealed through the Student
Traffic Appeals Board. Faculty and staff citations
shall be appealed through the Faculty/Staff Appeals
Board.
BICYCLE REGISTRATION AND REGULATIONS
A. Registration
1. The University does not require the registration
of bicycles, however, owners are encouraged to
38
have bicycles marked for identification purposes
at the University Police Department.
a. The University Police Department will record
bicycle serial number and description and
issue a bicycle permit for a SI.00 charge; or
b. The University Police Department uill record
bicycle serial number and description and
make available an engraving tool to mark
bicycles for identification. There is no
charge for this service.
B. Regulations
1. Every person operating a bicycle on University
property must give the right-of-uay to pedestrians
at all times, keep to the right of the roaduay and
obey all traffic signals.
2. Bicycles may not be parked on sidewalks or in
University buildings at any time. Bicycles are to
be parked in bicycle racks or chained to light
poles or other stationary structures. Bicycles
may not be left on porches or walkways and may not
be chained to trees, shrubs, art objects,
handrails or stairways.
3. Bicycles parked in violation may be impounded and
removed to the University Police Department and a
S5.00 fee charged for release.
TRAFFIC REGULATIONS
A. Speed Limits: The speed limit within the campus^area
is 20 MPH unless otherwise posted,
except the speed limit for all parkinq
lots is 10 MPH.
B. Moving Violations: All vehicles driven on SFASU
property are subject to all
University traffic regulations.
State of Texas Motor Vehicle Codes
and City of Nacogdoches Motor
Vehicle Laws. Moving violations
may be issued on a City of
Nacogdoches Traffic Citation or
filed in the office of the Justice
of the Peace Precinct HI.
39
C. Right-of-lday: Pedestrians have the right-of-way at all
marked crosswalks. Motor vehicle
operators roust yield the right-of-way to
pedestrian traffic in marked crosswalks.
UNIVERSITY POLICE
The governing board of Stephen F. Austin University is
authorized to employ campus police personnel. Such officers
are coraraissioned as peace officers and are vested with all
powers, privileges and immunities of peace officers in the
performance of their duties.
All persons on University property are required to identify
themselves to such officers when requested. Failure to
produce identification upon request of an officer may result
in arrest and appearance before a magistrate.
The University Police shall be vested uith the authority to
refuse to allow persons having no legitimate business to
enter upon any property under the control and jurisdiction
of Stephen F. Austin State University and to eject any
unauthorized persons from said property upon their refusal
to leave peaceably upon request.
The University Police are authorized to enforce the Texas
Motor Vehicle Code, the Texas Penal Code, the applicable
Ordinances of the City of Nacogdoches, the parking and
traffic regulations of the University and all other laws.
All accidents, thefts, and other offenses that occur on
University property or anywhere within the campus area
should be reported to the University Police immediately.
Accident reports should be made prior to moving vehicles.
One vehicle accidents should also be reported. ALWAYS KEEP
YOUR VEHICLE LOCKED. The University Police are anxious to
assist any student, faculty or staff member, or visitor at
anytime. The University Police Number is 568-2608.
FOR EMERGENCIES
40
SPASU Police * 568-2608
IMPORTANT TELEPHONE NUMBERS
Campus Operator
SPA Health Clinic
University Police Department Administrative
Numbers
Permit & Citation Office
Nacogdoches Fire Department
Nacogdoches Police Department
Highuay Patrol
Ambulance
Memorial Hospital
Medical Center Hospital
*
*
*
*
*
*
*
Dial "0"
568-4008
568-2613
568-2617
568-2607
568-2615
568-2616
564-4621
564-0404
560-7777
564-1173
564-4611
569-9841
* Numbers on Campus Centrex - Dial last four digits only if
calling from an on-campus phone.
SURVIVED FOR
41
City of Nacogdoches ^-1-
All that certain tract or parcel of land lying and being situate
in the City of Nacogdoches, Nacogdoches County, Texas, beiny Part of
LOT 3, City Block 54 and a 88.275 acre tract described in a conveyance
(condemnation) from Ed Hogan, et al to SFASU, dated July 11, 1969
and being more particularly described as follows:
DEGINNING at a \m iron rod set for corner on the NBL of said
Lot 3 and 88.275 acre tract and the SBL of Pinecrest Subdivision
(recorded in Vol. 2, Pg. 49 of the Map and Plat Records of
Nacogdoches County, Texas,),said beginning corner being S85 37I19"E,
537.62 feet from the SWC of Pinecrest Subdivision!
THENCE S85 37'19"E, 100.00 feet with the NBL of said Lot 3 and
88.275 acre tract and the SBL of Pinecrest Subdivision to a \n iron
rod set for corner on the West margin of a pipeline;
THENCE S21 39*16"E, 168.54 feet vith the West margin of said
pipeline to a %m iron rod set for corner; . .
THENCE N79 06M5MW, 175.10 feet to a fs" iron rod set for corneri
THENCE N04 22f41"E, 131.57 feet to place of BEGINNING, containing
0,44 acres.
ACCESS ROAD EASEMENT TO WATER TOWER SITE
THERE IS conveyed a 30 foot access easement adjacent to, parallel
vith, and 15 feet both sides of the following described centerlinet
BEGINNING at a point S04 22I41"W, 15.00 feet from the NWC of the
above described tract;
THENCE as followsj
N85 37'19*W, 462.62 feet;
Southerly, 117.81 feet vith a curve to the left having a
central angle of 90 OO'OO", a radius of 75.00 feet, and a chord of
S49 22'41"W, 106.07 feet;
S04 22'41-W, 59.84 feet;
Southerly, 130.59 feet vith a curve to the right having a
central angle of 59 49*51", a radius of 125.06 feet and a chord of
S34 17'37-W, 124.74 feet to the centerline of a existing asphalt
drive.
I, Steve Roan, a duly registered public surveyor for the state
of Texas do hereby certify that the above field notes are true and
correct and are a result of a survey done by me on the ground this
16th day of April, 1986. ANY USE OR CHANGES IN THESE FIELD NOTES BY
OTHER PARTIES SHALL BE AT THEIR RISK AND THE UNDERSIGNED IS NOT
RESPONSIBLE FOR DAMAGES RESULTING THUS FROM.
R.P.S. No. 2043
WATER LINE EASEMENT FROM WATER TOWER SITE TO UNIVERSITY DR1vE
SURVEYED FOR
42
City of Nacogdoches
30 FOOT PERMANENT WATER LINE EASEMENT
LOT 3, CITY BLOCK 54
situate" ?nWer^in 3° f°Ot V3ter line ea"mcnt lying and being
ot tne following described
or
Lot 3^flfl°,^ 3 P°Int 15 fe?t P"Pe"dicular fron. the NBL of said
C l'lll ^"1"^ ^ the SBL Of PI^««t Subdivision
"bdiviston, " 22'41"W« 1S-00 f«t from the SWC of Pinecrest
S
<vV
R.P.S. No. 2043
tAiLfitNi M«JM WLS.l UK UNJLVLK.SITX TO RAGUET
SURVEYED FOR
43
City or Nacogdoches
20 FOOT PERMANENT HATER LINE EASEMENT
LOT 2B, BLOCK 54 and LOT 33, BLOCK 50
««,. \X1 *hatKc"tal« 2° toc-f. water line easement lying and being
!iro«-io? »6 £|ly V N*«'---oche«. Nacogdoches County, Texas on and
across LOT 2B. City Block 54 and LOT 33, City Block 50. being also
on and across a 209.35 acre tract described in a conveyance from
in Sol IS Pa° m Sr\^ °n Tr"' dated ScPtember 6, 1917. recorded
V"1:.5; p9- 617 of the D"d Records of Nacogdoches County, Texas
12 I;t/^eTtraCt descrIbed 1" • conveyance from Oscar D Slay .
?h n 5'!' tSd October "• l"7. recorded in Vol. 145.
? Records of Nacogdoches County. Texas and being
^ ^ *"' " '?' «»"«"•■«>* th. following9
UnJvnr-^^ t a.P°int<sta- 25.50.93) on the West R.O.H. of
and SB- s/. £.7 ^i? j!«JnnlB» P°int b'lnBSOS 03'06-W, 10.00 feet
tract, frOm the NW° °f Lot 2B and 36*25 acre
10 fILIfNnEN84H"'5,'1"H' 757>53 fcet adJa«nt to. parallel vith and
10 feet perpendxcular from the NBL of Lot 2B and 36.25 acre tract
to a angle pointfsta.33*08.46) on the HBL of Lot 2B and 36.25 acre
tract, being also on the EBL of Lot 33 and 209.35 acre tract,
10 fI"PICEN66 00'26-W, 122.06 feet to a angle pointfsta. 34+30.52)
SPCnf1CUiaf acre
'S J f°i be'"9S00 19'13-H 1000
tract /?SPnf1CUiaf fr°m the NBL og said ^ot " a"d 209.35 acr
1 395'iS H. 10.00 feet and S89 40'47-E,
II'ccrrll ttccooccttll ^ m°St Horth#rl* NHC ot Lot 33 and 209.35
and ]"'a'""N89 "0'47-M, 1,395.70 feet adjacent to. parallel with
a2r* fr ? .Perpe"dIC?lar ttOm the NBL ot said L°t 33 and 209.35
acre tract to a point(sta. 48+26.22) on the East margin of Raguet
of tI**1 h«% k' -y "9lstered Public surveyor for the state
lirrl t ? y certlfy that the above field notes are true and
??5k 5 °nd are a result of a sufvey done by me on the ground this
OTurBd=LSf M8y' 1986> ANY USE 0R CHANGES IN THESE FIELDHOTES BT
RlspLst«7r pnf"n»L BE ^ ™EIR RISK AND THE "NDERSIGNED IS NOT RESPONSIBLE FOR DAMACES RESULTING THUS FROM. •
WEST OF UNIVERSITY TO RAGUET
SURVEYED FOR
44
City of Nacogdoches
* CONSTRUCTION EASEMENT
LOT 2B, BLOCK 54 and LOT 33, BLOCK 50.
All that certain 30 foot construction easement lying and being
situate in the City of Nacogdoches, Nacogdoches County, Texas on and
across LOT 2B, BLOCK 54 and LOT 33, BLOCK 50, being also on and across
a 209.35 acre tract described in a conveyance fron E. H. Blount to
The State of Texas, dated September 6, 1917, recorded in Vol. 99,
Pg. 617 of the Deed Records of Nacogdoches County, Texas and a 36.25.
acre tract described in a conveyance from Oscar B. Slay to The State
of Texas, dated October 11, 1937, recorded in Vol. 1<5, Pg. 553 of
the Deed Records of Nacogdoches County, Texas and being adjacent to,
parallel with and 10 feet right of and 20 feet left of the following
described centerlinej
BEGINNING at a point(sta. 25*50.93) on the Kest R.O.W. of University
Dr., said beginning point being S05 03'06"W, 10.00 feet and S84 56*54ME
747.53 feet from the NWC of Lot 2B and 36.25 acre tract;
THENCE N84 56*54"W, 757.53 feet adjacent to, parallel with and
10 feet perpendicular from the NBL of said Lot 2B and 36.25 acre tract
to a.angle point(sta. 33*08.46) on the WBL of Lot 2B and 36.25 acre
tract and the EBL of said Lot 33 and 209.35 acre tract;
THENCE N66 OO.'26-W, 122.06 feet to a angle point(sta. 34*30.52)
10 feet perpendicularly from the NBL of said Lot 33 and 209.35
acre tract, said point being S00 19#13"W, 10.00 feet and S89 4QI47"E,
1395.70 feet from the most Northerly NWC of Lot 33 and 209.35 acre
tract;
THENCE N8.9 40*47"W, 1,395.70 feet adjacent to, parallel vith,
and 10 feet perpendicular from the NBL of said Lot 33 and 209.35
acre tract to a point(sta. 48*26.22) on the East cargin of Raguet
St•• * •
I« Steve Roan, a duly registered public surveyor for the state
of Texas do hereby certify that the above field notes are true and
correct and are a result of a survey done by me on the ground this
27th day of May, 1986. ANY USE OR CHANGES IN THESE FIELD NOTES BY
OTHER PARTIES SHALL BE AT THEIR RISK AND THE UNDERSIGNED IS NOT
RESPONSIBLE FOR DAMAGES RESULTING THUS FROM,
yC^Trao* —
R.P.S. No. 2043
THE STATE OF TEXAS $ a c
5
COUNTY OF NACOGDOCHES 5 • .
REAL ESTATE SALE-PURCHASE CONTRACT
THIS CONTRACT OF SALE AND PURCHASE ia made by and between
the COMMERCIAL NATIONAL BANK IN NACOGDOCHES, • TEXAS, INDEPENDENT*
EXECUTOR OF THE WILL AND ESTATE OF MAMIE ETHEL BLOUNT TUCKER,
DECEASED, and the COMMERCIAL NATIONAL BANK IN NACOCDOCHES, TEXAS,
TRUSTEE OF THE EDWARD BLOUNT TUCKER TRUST (hereinafter referred
to as "SELLERS") ■ a'nd STEPHEN F. AUSTIN STATE UNIVERSITY,' of
Nacogdoches County, Texas (hereinafter referred to as
"Purchaser").
ARTICLE I
SALE AND PURCHASE
Land Described
1.01 Subject to the terma and condition* hereinafter set
forth, Sellers shall sell to Purchaser and Purchaser shall
purchase from Sellers the following described land aod
improvements thereon situated in Nacogdoches County, Texas:
All that certain tract or parcel of land lying and being
situate in the City of Nacogdoches, Nacogdoches County, Texas
JElL,.ve!% pa5C.«?f a H2.5-acr€ tract (now called LOT NO.
TWENTY-EIGHT (#28) IN BLOCK NO. FIFTY "(#50) OF THE CITY OF
NACOCDOCHES) described as Second Tract in deed from B.sT Vet-termark
et ux to J.J. Hayter, dated January 28, 1904, recorded
In Volume 53, Page 173 of the Deed Records Nacogdoches County,
Texas and more particularly described as follows:
BEGINNING at a point for corner in the East margin of Raguee
vCreeCfc /«??, .Vh»ch fl 3/A" iron P{Pe found benC for witness
c£rr%S 8? \\lV E !'77 feet» said be?inning corner being the
SWC of a 4.57-acre tract described in deed from Etta Fay Hinds
to Cecil R. Bomar et ux, dated September 14, 1957, recorded in
Volume 270, Page 254 of the Deed Records Nacogdoches County,
Texas; J'
THENCE S 89*21'11M E with the SBL of said 4.57-acre tract, at
1.77 feet pass a 3/4" iron pipe found for witness, and a total
distance of 1,164.73 feet to a 1/4" iron rod found for corner
at the SEC of said 4.57-acre tracts
THENCE N 89#44'22" E at 251.87 feet pass a 3/8" iron rod set
for witness from which a 6" Pine marked "X" bears S 65* E 7.3
feet and a total distance of 291.87 feet to a point for corner
in the centerline of the existing channel of LaNana Creek, from
wjjxch a 1/2" iron rod found for witness bears N 89*44#22" E
30.00 feet, said corner being the NWC of a 5.34-acre tract
described as Second Tract in a deed from Mamie Blount Tucker to
Byron McCough, dated October 1, 1984,. recorded in Volume 545,
Page 189 of the Real Property Records Nacogdoches County.
Texas} . .• "
46
^Vi^uSi "/"".I1"*6,/01 thC exIscInS channel of LaNana
and the WBL of said 5.34-acre tract as follows:
S 00*35*24" W 176.83 feet:
S 05'18'45" E 518.79 feet|
« 16'29'38" E 47.50 feet fro a point for corner at che
1 v r l j centerline of the existing channel of
*»!! A* ? * e old bed of LaNana Creek from which a 3/8"
iron rod found for witness bears N 88#40*00M E 20.00 fee' said
oTTic) Vf ^ SWC Oi, "" 5.34--ic« tract and being in'. w5l
or a n,)o-acre trace (called Part of Lot 1-A. f^ock 54 of <5a(H
City described in a deed from Dan Hinds et alto Green Vallly
Volume^' pV/°r^7OnV dttedt> SePCember U> ^84, recorded iJ[ volume 542, Page 247 of the Real Property Records Nacogdoches
County, Texas and also being in the EBL of said 112?5?ac"
THENCE with Che WBL of said 19.56-acre tract, the EBL of said
Cr1ek"*n5erfc **°\ il* C\e "nt«llne °* ="« old bed of LaNana
Creek and the existing channel of LaNana Creek as followsi
IIV41'" co ■ p°lnt for
S 69 26 00* E 16.55 feet to a point for cornet at the
Intersection of the old creek bed andP the existing channel of
S 6a9-a26'0e0e»k £r°7nWn\1CV 3/8" H0" f°d f°Und for "^ness bears
2 53 -et. V * 2a°'°° <£"?*' "ld COrner bein8 the NWC ^
^'^V^tr??;!^""8 Tcacc In che sald de
THENCE S 16-29t38" E 233.60 feet with the WBL of said 2 53-
tract and the centerline of the existing channel of' LaNana
i-reeic co a point for corner at the intersection of the center-xine
of the existing channel of LaNana Creek and the old bed of
R?"!?fw" u / a °i?a W5lch a 3/8" iron rod set for witness bears H-
"XM bJnr. M 7^; p i«M* , " "J5 wlcness a rt Willow marked
e^,b"C8.N 7A E 15.5 feet, said corner being in the EBL of
said 112.5-acre tract and being the SWC of said 2.53-acre tract
f fflaso belnuS tht NEC of a 209.35-acre.tract described in deed
LTMvo7 Blount et al to The State of Texas, dated Sep.
R^nrrf. i/ J7\ re(Lorded in Volume 99, Page 617 of the Deed
Records Nacogdoches County, Texas;
4OEoSEfN 87'32'2A" W w,^h thc NBL of said 209.35-acre tract at
*»u.qo teet pass a 3/8" iron rod set for witness and a total
corner^ ' feet C° a cyclone fence corner post for
I^2C9OQN Jr38§3A" W 731"06 feeC continuing with the NBL of
said 209.35-acre tract to a point for corner in the East marpin
of Raguet Street from which a 1/2" iron rod set for witness a?
the end of a cyclone fence bears N 87*38f34M W 0.39 feet;
THENCE H 01-07 '35" E 1,093.23 feet with the East margin of
ofSland tO ChC PlaCC °f BEGINNINC» containing 38.91 acres
Fixtures and Personalty Excluded
1.02 The land and improvements to be conveyed by Sellers
shall not include, and* Sellers reserve to themselves and the
legatees of Mamie Ethel Blount Tucker and beneficiaries of the
Edward Blount Tucker Trust, the following property located in the
main dwelling house on the described premises* (i) Two lamp fix-i
-2-
47
tores ot fronc entrance, (ii) Light fixtures in the entry hall,
dining room, kitchen, lU-ing room, back porch (one carriage
light) and breakfast room (three carriage lights) (ill) all kit
chen appliances except dlshwashet (iv) three floral-print swags
in master bedroom, (v) ceiling fans in sitting con 8nd guest
• bedroom, and (vi) all the household furniture, furnishings and
equipment, •
Fixtures Included
1.03 The drapes, carpets, built-in dishwasher, window air
conditioning unit, air conditioning and heating systems, and all
fixtures not above excepted, are 'to remain with and as a"part of
Che property to.be conveyed to the Purchaser.
ARTICLE H
SALE-PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for che
property shall be the sum of Seven Hundred Seventy-Five Thousand
-nd No/100 Dollars ($775,000.00) plus §212.32 for each day, if
any, from and after July 21, 1986 to the date of closing; provid
ed, the additional $212.32 per diem of the purchase price shall
be paid by Purchaser only as to the days after July 21, 1986 to
closing on which Sellers are ready, able and willing to close the
sale-purchase pursuant to this agreement. The Purchase Price
shall be payable in cash at closing in the full amount. Checks
drawn on the commercial bank deposits of Purchaser shall be deem-ed
acceptable at time of closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01 The obligations of Purchaser hereunder to consummate.
the transactions contemplated hereby are subject to the satisfac- '
Cion of each of the following conditions, any of which may be
.waived in whole or in part by Purchaser at or prior to the clos
ing.
Title Commitment
3.02- Within thirty (30) days after the date hereof, Seller*
shall cause a responsible title insurance company licensed in the
-3-
Stnte of TexflS to issue on owner's title insurance commitment
(the "Commitment") accompanied by copies of all documents relat
ing to easements, ri6htS-of-way, and other title exceptions of
record in the offices of the County clerk «nd/or District Clerk
of NacoS<ioches County, Texas, affecting the Property. The Com
mitment shall be submitted to the Texas Attorney General's offlce
by Purchaser for approval. Purchaser shall 6ive Sellers written
notice on or before the expiration of twenty (20) days after ic
• receives the Commitment that the condition of the title as «et
forth in the Comnitment is or 1. not satisfactory. Sellers may
undertake to eliminate or modify .11 such unacceptable matter, to
the satisfaction of Purchaser. In the event Seller, are unable
to do so prior to the date set for closing. Purchaser may ac it.
election extend the date for closing and secure at it. expense
any required, curative title wort, declare thi. agreement null
«nd void for all purposes, cure the title defect, or objection.
«C it, expense, or at its election, waive any objection and ac
cept the condition of title. Sellers shall have no obligation to
cure any title objection or title defecc.
State Agency and Use of State Funds
3.03 Purchaser is an agency of the State of Texas and as
«uch its funds are deemed to be state fund, and its legal author-ity
is limited to that which has been granted by the state legis
lature. It i« understood that the Coordinating Board, Texa.
College and University System, must approve the sale-purchase. '
If said Board shall not approve the same on or before July 21,
1986, then both Sellers and Purchaser shall be excused from per
forming thi. contract. In the event legal impediment, not now'
known to the Purchaser are raised by the Attorney Ceneral of
Texas, the Comptroller of Texas or the State Auditor in such man- '
ner as cannot be appropriately cured, and to the extent the Pur
chaser 1. legally prohibited from consummating thi. purchase,
then in such event, this agreement shall terminate and it shall
be null and void for all purposes. Purchaser agrees to exercise
diligence with respect to correcting any legal impediments that
exist or that may arise.
49
ARTICLE IV
,P0 SESSION
Present Occupants
4. 01 It is understood that Edward B. Tucker, III, and
Martha K. Tucker presently reside upon the premises and that they
shall have sixty (60) days immediately after the closing to re
move their effects and the reserved fixtures and personalty from
the premises. During such 60-day period, the present occupants
shall have the right to use of the premises without rental or
other charges, except they shall pay all utility charges promptly
as they become due. The said Edward B. Tucker, III, and Hartha
K. Tucker shall in all events surrender possession of the prem
ises within the 60 days Immediately following the cloiing, and
notify Purchaser of delivery of the premises upon having done
so.
Estoppel Letter
4.02 Sellers warrant that no persons, other than those
shown as grantors on the unexecuted copy of the Deed to be deliv
ered at the closing (shown in Exhibit "A" hereto attached and a
part hereof) are in possession of the Property or any part there
of; chat there is no.written lease of the premises with any per
son; and, that Sellers shall furnish an "estoppel letter" to Pur
chaser, of the tenor shown on Exhibit "B" hereto, at the closing
whereby each of the grantors on the proposed deed agrees and
stipulates that he or she has no right to possess or occupy the
premises except a& above provided for Edward B. Tucker, III, and
Martha K. Tucker,
ARTICLE V
REPRESENTATIONS AND WARRANTIES OF SELLER
Sellers hereby represent and warrant to Purchaser as fol
lows, which representations and warranties shall be deemed made
by Sellers to Purchaser as of the closing date:
(1) There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers, ex
cept Edward B. Tucker, 111, and Martha K. Tucker.
-5-
50
(2) There is no pending or threatened- condemnation or simi
lar proceeding or assesstr-nt affect in& "the Pr 4ccty, or any part
thereof, other than that threatened by Purchaser, nor to the best
knowledge and belief of Sellers is any such proceeding or assess
ment contemplated by any governmental authority except Pur
chaser,
(3) Sellers have complied with all applicable laws, ordi
nances, regulations, statutes, rules and restrictions relating to
the Property, and all parts thereof.
(A) The Property has full and free access to and from public
highways, streets or roads and, to the best knowledge and belief
of Sellers, there is no pending or threatened governmental pro
ceeding which would impair or result in the termination of such
access.
ARTICLE VI
CLOSINC
Closing Agent
6.01 Robert Provan of Nacogdoches, Nacogdoches County,
Texns, shall serve as the closing agent for Purchaser. Tom E.
Choate shall serve as closing agent for Sellers.
Date' and Place
6.02 The closing shall be held at the Regents Conference
.Room, Austin Building, on the campus of Stephen F. Austin State
University, located in Nacogdoches, Nacogdoches County, Texas, at
lliOO o(clock a.m. July 21, 1986, or at such time, date, and
place as Sellers and Purchaser may mutually agree (which date is
herein referred to as the "Closing Date"). Risk of lost to the
premises shall be upon Sellers prior to closing and upon Pur- *
chaser upon and after the closing.
Sellers' Duties *
6.03 At the closing, Sellers shall?
(1) Deliver to Purchaser a duly executed and acknowl
edged Deed in the form and substance shown on Exhibit "A" hereto,
conveying good and marketable title in fee simple to all'of the
Property, free and clear of any and all liens, encumbrances, con-
.6-
51
ditions, easements, assessments, and restrictions, except for
Chose enumerated in the Title Commitment and which are acceptable
to Purchaser and except for the following:
(a) General real estate taxes for the year of clos
ing and subsequent years not yet due and payable;
(b) Those shown on the proposed Deed, Exhibit "AM; '
(c) Any exception approved by Purchaser pursuant to
Article III hereof; and •
(d) Any exceptions approved by Purchaser in writ
ing;
<2) Deliver to Purchaser a Texas Owner's Title Policy
issued by Nacogdoches Abstract & Title Company, Inc. in Pur-chaser's
favor in the full amount of the Purchase Price. Insuring
Purchaser's fee simple title to the Property subject only to
those title exceptions listed In Paragraph 6.03, such ocher ex
ceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contained In the usual form of a
Texas Owner's Title Policy, provided, howevert
(a) The exceptions as to restrictive covenants
shall be endorsed "None of Record" except those made a part of
the 6^ed for this conveyance as hereinabove provided;
(b) The exception as to the lien for taxes shall
be limited to Che year of closing and shall b2 endorsed "Not yet
due and payable11;
(3) Deliver to Purchaser possession of the Property as
provided In this Contract.
Purchaser's Duty
6.04 At the closing, the Purchaser shall pay cash in the '
full amount of the Purchase Price by delivery'of a check 'drawn on "
its commercial bank deposits to the Sellers, Commercial National
Bank in Nacogoches, Texas, Independent Executor of the Will and
Estate of Mamie Ethel Blount Tucker, Deceased, and Trustee of the
Edward B. Tucker Trust for the amount of Seven Hundred Seventy-
Five Thousand and No/100 Dollars ($775,000.00) plus ?212.32 for
each day after July 21, 1986 to closing date.
-7-
52
Taxes and Cos_t_s
6.05 General real estate taxes Tot the year 1986 relating
to the Property shall be assumed by Purchaser. Costs and ex-penses
of closing consummating the sale and purchase of the Prop-crty
shall be borne and paid as follows:
(1) Owner's title policy, by Purchaser-,
(2) Escrow fee, if any, by Purchaser;
(3) Filing and recording fees of Deed, by Purchaser;
(4) Filing and recording of any releases or curative
instrument* as may be required by Purchaser, except the federal
estate tax waiver, which shall be paid by Sellers;
(5) Sellers' attorney's fees, by Sellers.
ARTICLE VII
REAL ESTATE COMMISSIONS
Sellers and Purchaser expressly disclaim any obligation with
respect to the payment of real estate commissions. Purchaser
further warrants that the Property has not been presented to 1c
«« a prospective Purchaser by any real estate agent or broker,
«nd shall indemnify and save Sellers harmless from any such claim
or obligation. Seller, warrant that they have not been repre
sented by any real estate, agent or broker in offering the Prop-erty
for sale, and shall indemnify and save Purchaser harmless
from any such claim or obligation.
ARTICLE VIII
MISCELLANEOUS
Survival of Warranties and Covenant!
8.01 The representations, warranties, covenants, and agree
ments of the parties, as well 6S any rights and benefits of the/
parties, pertaining to a period of time following the closing of
Che transactions contemplated hereby shall survive the closing '
and shall not be merged therein.
Notice
8.02 Any notice required or permitted to be delivered here-under
shall be deemed received when sent by United States Mail,
postage pre-paid, certified mail, return receipt requested, ad-
-8-
dressed to Sellers or Purchaser, as the case may be, at the ad- 53
dress sec forth opposite the signature of each party hereto.
Parties Bound
8.03 This contract shall be binding upon and inure to the
benefit of the parties. here to and cheir respective heirs, execu-tors,
administrator*, legal representatives, successor* and as
signs where permitted by this contract.
Construction
8.04 In case any one or more of the provisions contained in
this contract shall for any reason be held to be invalid, il
legal, or unenforceable in any respect, such invalidity, illegal
ity, or unenforceability shall not affect any other provision
hereof, and this contract shall be construed as if such invalid,
ilW.al, oc unenforceable provision had never been contained
herein.
Prior Agreements Superseded
8.05 This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior, understanding* or
vrittenor oral agreements between the parties respecting the
subject matter of this contract.
Dated this 20th day of June, 1986.
SELLERS:
SArncnnrHr<:NATr^cL ^NK 1N COMMERCIAL NATIONAL BANK IK
NACOCDOCHES, TEXAS, AS NACOCDOCHES TEXAS AS JiraSEl?ICrL2fTHE ™"fi ""™I"d5;R0SBLOUN
E
DE
<EL\BLOUtfT\TUCKERt
:easeo ; v
VTRUST
'lorn t. dhoate, President 'WE. Choate, President
P.O. Box 847
Nacogdoches, Texas 75963
PURCHASER:
STEPHEN F. AUSTIN STATE UNIVERSITY
Chairman, B^rtrd or Rege/ts,
Stephen F. Austin State
University
iJresidentl/Ste'phen F. Austin
State Universte^
-9-
54
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS:-
This indenture is made the ^/£T day of July, 1986, be
tween the COMMERCIAL NATIONAL BANK IN NACOGDOCHES, TEXAS as IN
DEPENDENT EXECUTOR OF THE WILL AND ESTATE OF MAMIE ETHEL BLOUNT*
TUCKER, DECEASED, the said COMMERCIAL NATIONAL BANK IN NACOG
DOCHES, TEXAS as TRUSTEE OF THE EDWARD BLOUNT TUCKER TRUST,
BILLIE JEAN TUCKER, a feme sole, EDWARD B. TUCKER, III, MARTHA
K. TUCKER, wife of EDWARD B. TUCKER, III, ELIZABETH ANNE TUCKER
LEWIS, and JAMES A. LEWIS, husband of. ELIZABETH ANNE TUCKER
LEWIS, all of Nacogdoches County, Texas, and SUSAN TUCVER
MOTLEY and DAVID M. MOTLEY, husband of SUSAN TUCKER MOTLEY, of
Kerr County, Texas, herein "GRANTORS," and the BOARD OF REGENTS
OF STEPHEN F. AUSTIN STATS UNIVERSITY, a coeducational institu
tion of higher education of the STATE OF TEXAS, "GRANTEE."
WITNESSETH:
That the COMMERCIAL NATIONAL BANK IN NACOGDOCHES, TEXAS,
is a national banking association having trust powers with its
principal offices at 215 East Main Street in Nacogdoches,
Nacogdoches County, Texasj
Thf-t GRANTOR COMMERCIAL NATIONAL BAN'K IN NACOGDOCHES,
TEXAS, INDEPENDENT EXECUTOR OF THE WILL AND ESTATE OF MAMIE
ETHEL BLOUNT TUCKER, DECEASED, acts herein as said INDEPENDENT
EXECUTOR aforesaid by virtue of the power and authority given
in and by said will of Mamie Ethel Blount Tucker, Deceased, and
pursuant to due appointment and qualification in the probate of
the said estate in cause no. 6671 in Probate, now pending in
the County Court at Law of Nacogdoches County, Texas;
That GRANTOR COMMERCIAL NATIONAL BANK IN NACOGDOCHES,
TEXAS, TRUSTEE OF THE EDWARD BLOUNT TUCKER TRUST acts herein as
TRUSTEE by virtue of the power and authority given (i). in and
by the will of Edward Blount Tucker, Deceased, probated and of
..vol0631,,,33I 55
record in cause no. 4841 in Probate heretofore pending in the
County Court of Nacogdoches County, Texas, the qualification of
said BANK as TRUSTEE and the delivery of the properties of the
ftaid TRUST having been heretofore made by ' the executor of the
will and estate of the said Edward Blount Tucker, Deceased,
and, (ii) under that certain agreement between Billie Jean
Tucker et al and the Commercial National Bank in Nacogdoches,
dated March 20, 1979, recorded in Volume 581, Page 359 et seq
of the Real Property Records of Nacogdoches County, Texas;
and.
That BILLIE J2AN TUCKER, EDWARD B. TUCKER, III, ELIZABETH
ANNE TUCKER LEWIS and SUSAN TUCKER MOTLEY are the sole indi
vidual legatees of Mamie Ethel Blount Tucker, Deceased, having
an interest in the lands hereinafter described and, further,
are the sole beneficiaries of the Edward Blount Tucker Trust.
In consideration of Seven Hundred Seventy-Five Thousand
and No/100 Dollars ($775,000.00) paid by THE BOARD OF REGENTS
OF STEPHEN F. AUSTIN STATE UNIVERSITY, GRANTEE, the receipt of
which is acknowledged by GRANTORS, and by virtue of which no
lien express or implied is reserved or intended, GRANTORS do
hereby Grant, Convey and Release unto THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY, for the STATE OF TEXAS,
forever the real estate located in Nacogdoches County, Texas,
described as follows:
All that certain tract or parcel of land lying and being
situate in the City of Nacogdoches, Nacogdoches County, Texas
and being part of a 112.5-acre tract (now called LOT NO
TWENTY-EIGHT (#28) IN BLOCK NO. FIFTY (#50) OF THE CITY OF
NACOGDOCHES) described as Second Tract in deed from 3.S. Wet-termark
et ux to J.J. Hayter, dated January 28, 1904, recorded
in Volume 53, Page 173 of the Deed Records Nacogdoches County,
Texas and more particularly described as follows*
BEGINNING at a point for corner in the East margin of Raguet
b^ro^ RQ'?iMiiCi ? 7VV iron PA8 found bent for witness
. rV *9, 21fll" E 1.77 feet, said beginning corner being the -
SWC of a 4.57-acre tract described in deed from Etta Fay Hinds '
to Cecil R. Bomar et ux, dated September 14, 1957, recorded in
Volume 270, Page 254 of the Deed Records Nacogdoches County,
i e x a s \
THENCE S 89e21'll" E with the SBL of said 4.57-acre tract, at
1.77 feet pass a 3/4" iron pipe found for witness, and a total
distance of 1,164.73 feet to a 1/4" iron rod found for corner
at the SEC of said 4.57-acre tract;
-2-
V■Ol•. "0631,,, 333
TOGETHER with all rights, titles and interest, if any, of
GRANTORS in and to any and nil streets and roads abutting the
above described premises to the centerlines thereof; all im
provements upon said lands; all appurtenances; all of the es
tate which the said Mamie Ethel Slount Tucker had at the time
of her death in said premises; all of the estate which the said
Edward B. Tucker had at the time of his death, in said premises;
all of the estate therein which the Commercial National Bank in
Nacogdoches, Texas, as Independent Executor of the Will and Es
tate of Mamie Ethel Blount Tucker, has or has power to convey
or dispose of, whether individually, corporately or by virtue
of the will of Mamie Ethel Blount Tucker, or otherwise; and,
all of the estate therein which the Commercial National Bank in
Nacogdochea, Texas, as Trustee of the Edward B. Tucker Trust
has or has power to convey or dispose of, whether individually,
corporately or by virtue of the will of Edward B. Tucker, De
ceased, as successor to the Executor of the Will and Estate of
the said Edward Blount Tucker, Deceased, or otherwise.
This conveyance is SUBJECT TO:
(1) Easement set forth in instrument from Mamie Blount
Tucker and Edward B. tucker to Texas Power & Light Co., dated
June 27, 1941, recorded in Volume 156, Page 345 of the Deed
Records of Nacogdoches County, Texas.
(2)" Easement set forth in instrument from Mamie Blount
Tucker and Edward B. Tucker to the City of Nacogdoches, dated
August 29, 1963, recorded in Volume 316, Page 284 of the Deed
Records of Nacogdoches County, Texas.
(3) Easement set forth in instrument from Edward B.
Tucker and Mamie Blount Tucker to the City of Nacogdoches,
dated May 1, 1972, recorded in Volume 374, Page 589 of the Deed
Records of Nacogdoches County, Texas,
(4) Easement set forth in instrument from Mamie Blount
Tucker to Texas Power & Light Co., dated March 20, 1979 and re-corded
in Volume 581, Page 359 of the Real Property Records of
Nacogdoches County, Texas.
vDi.0G3L.-i. 332
56
r;
Records Nucogdoche. County!
S 0<T35'24" W 176.83 feet;
S 05*13'45" E 518.79 feet
t0 a point for
S 69-25'QO" F 2?J-?J ^eet t0 a P°Int for
msmmmm
-3-
58
(5) Visible or apparent easements under, across and/or
upon the premises, if any there be.
(6) Limitations, conditions, requirements and/or restric
tions as to those portions of the premises lying within the 100
year flood plane in Nacogdoches County, Texas as established by
the United States Corps of Army Engineers.
(7) Any titles, interests or rights of the State of Texas
and the United States, or either of them, and their respective
assigns, to lands comprising the shores or beds of navigable or
perennial rivers and streams, or to riparian rights, or to con
trol of navigable or perennial streams, or to the rights of
easement along and across rivers and streams, insofar as the
same relate to Lanana Rayou.
GRANTEE assumes responsibility for any ad valorem taxes
due or to become due for the year 1986.
TO HAVE AND HOLD the property and premises herein granted
unto THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERS
ITY, its successors and assigns forever.
GRANTORS COMMERCIAL NATIONAL BANK IN NACOGDOCHES, TEXAS,
TRUSTEE OF THE EDWARD BLOUNT TUCKER TRUST, BILLIE JEAN TUCKER,
EDWARD B. TUCKER, III, ELIZABETH ANNE TUCKER LEWIS and SUSAN
TUCKER MOTLEY hereby bind themselves, their successors, heirs,
legal representatives, executors and administrators to warrant
and forever defend all and singular the premises unto GRANTEE,
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, its
successors and assigns, against every person whomsoever lawful
ly claiming or to claim the same or any part thereof.
This Instrument is executed by the COMMERCIAL NATIONAL
BANK IN NACOGDOCHES, TEXAS in its capacities as Independent
Executor of the Will and Estate of Mamie Ethel Blount Tucker,
Deceased, and as Trustee of the Edward B. Tucker'Trust, and not
individually or personally.
-5-
voi 0631,** 335 59
Executed this 27th__ day of June, 1986, to bear date of and
be effective and delivered on the CllST day of
1986. .
ATTEST:'.,
COMMERCIAL NATIONAL BANK IN
NACOGDOCHES, TEXAS, INDEPENDENT
EXECUTOR OF THE.WILL AND ESTATE
OF MAMIE ETHEL BLOUNT TUCKER,
DECEASED
I ^ „
By\ \\ KAmK
"Tom E. uhoate, President of—
the Commercial National Bank
in Nacogdoches, Texas
Prince, Vice-president
COMMERCIAL NATIONAL BANK IN
NACOGDOCHES, TEXAS, TRUSTEE OF
THE EDWAUD B; TUCKER TRUST
' "'i?=e' Vice-President
A
\
lom E. Cnoate, President of—
the Commercial National Bank
in Nacogdoches, Texas
laames A. Lewis
rt^S
-6-
60
THE STATE OF TEXAS §.
COUNTY OF NACOGOOCHES §
Before me, the undersigned authority, on' this dav
atlon L« !, ^"S^ches, Texas, a national banking associ-
'?"' "h.° acknowledged Co me that he executed the foregoing
instrument as president of and for and on behalf of the sal^
Commercial National Bank and as its act and deed for the put-poses
and consideration therein expressed and that the said
2" fVSo? of" th*'V??^^ ln it9 «P«cIty « iX""
ICcker DecLseH )%r lll anfi Est«e of Maeiie Ethel Blount
expressed. ' purposes and consideration therein
this
Notary Fublic inland for
the State of r3xas
^Notarys/Narne Typed or Printed)
My commis?sion expires?
THE STATE OF TEXAS $
COUNTY OF NACOGDOCHES $
Before m«' jLhe undersigned authority, on this day person-
NliLnalTant in T *a CkH0ATE,' Preslde"t of the Corner!ial
-m«S k i. Nacpgdoches, Texas, a national banking associ
ation, who acknowledged to me that he executed the foregoing
r^'rT? 5* ftes,ldent, °f and for and on behalf of the sail
"f'18.1 National Bank and as its act and deed for the pur
poses and consideration therein expressed and that the said
the"\ZeCTt6 ^V3^ Instruwent *° "S capacity as Trustee of
SlSrS?;1^" TtUSt f°r the PUrp°SeS 8nd di
°fflce this
y lic i
the State of Te
icT/fl
eJXs
Public flnd tor
f JX
notary's rjdme 'Typed or Printed)
My commission expires:
-7-
THE STATE OF TEXAS § VW 0C3JU i 337
COUNTY OF KERR { " 61
Before me, the undersigned authority, on this day person
ally appeared DAVID M. MOTLEY and SUSAN TUCKER MOTLEY husband
Scribed to f°hWn f° me't0 b-G the peCSOnS ^ose names 'are s^ Ihlt It foregoing instrument, and acknowledged to
Sa^":^ thC "- f°r ^ PUr d ^id^
day ofJuneUnder "* ^'inF* Ml °f °^lc-e On thiJ the 27th
Notary Public in and For
th Stt f T
; ary a
•••*; the State of Texas
OLGA OZUNA
Notary's Name Typed or Printed)
My commission expires 2-1-89
THE STATE OF TEXAS f
COUNTY.OF NACOGDOCHES ' §
Before me, the undersigned authority, on this <5av nerson-ho^'
3'^ lILL1E JEAN, TUCKER' a f^e sole, known ytoP n So
the person, whose name is subscribed to the foregoing instru-nurnAc3o
^knowl^Sed to me that she executed the^samf for the
purposes and consideration therein expressed.
day
Notary Public inland for
the State of Texas
notary's Name Typed or Printed)
My commission expires 'J-THE
STATE OF TEXAS |
COUNTY OF NACOGDOCHES |
Before me, the undersigned authority, on this day person-hiiS
?P/a7cd EDuAR° B- TUCKER' 1I!' «d MARTHA K. TUCKER, hCs-suSLr?!
aKfeVukn°fWn t0,me ,t0 be the Persons whose names are
subscribed to the foregoing instrument, and acknowledged to me
that they executed the same for the purposes and consideration
tnerein expressed.
day f^!?ilr ^ hai986nd SSal °£ °ffice On thls the
wotary Publii c ii n arid ff or
the State of ^
(Notary's Name Typed or Printed)
My commission expires 7-£ -
-8-
,,063iW33 ■ 62 Vui
THE STATE OF TEXAS 5
S
COUNTY OF NACOGDOCHES §
Before me, the undersigned authority, on this day person
ally appeared JAMES A. LEWIS and ELIZABETH ANNE TUCKER LEWIS,
husnnd and wife, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me
that they executed the same for the purposes and consideration
therein expressed.
. '* P 'v-Given under my hand and seal of office on this the ■' ■ ■
f\da.y of /,, ,-„ 1986.
ri < v '=5. ■■• ■"' • • / •':
•'. ■' O :
Notary PuoTic in and tor
the State of Texas
^Notary's Name Typed or Printed)
My commission expires d . $. .C'.-
A mailing address for Grantee:
Board of Regents
Stephen F. Austin State University
P.O. Box 6078, S.F.A. Station
Nacogdoches, Texas 75962
K ;:!
SS?5
JUL 2 3 1985 ^ S
ES COUKTY, TtXAS
-9-
63
July 5./ 1986
The Board of Regents
Stephen F. Austin State University
Nacogdoches, Texas 75962
Gentlemen:
?lease be advised that the undersigned presently claim the
sn °CMCUPy/n<^1 possess the 38.91 acres of land (Lot 28, City
m' 1Nanc1°Sdoches) bei"g conveyed to you under the will of
Et.hel,Blou.nt Tuck^r, the trust instruments of the Edward B.
Tlust andu the consent given by the Commercial National
t-hpf0!? ?B'r 'L't*aS' E*ecutor of the will and estate of
Ethel Blount Tucker, and Trustee of the Edward B. Tucker
and in no other manner.
Mamie
Trust,
We agree that such rights to occupancy and possession shall
terminate upon execution and delivery of our deed to you of the
said property, except as to the right of use and occupancy re
served for Edward B. Tucker, III, and Martha K. Tucker for up to
60 days after the closing of the sale-purchase, as provided in
the Real Estate Sale-Purchase Contract.
No third persons are in
third persons are entitled to
lawfully under the easements
the undersigned of said 38.91
possession of the property and no
possession, except as may be acting
mentioned in the Deed to you from
acres.
There is no written lease agreement concerning the premises.
Very truly yours,
Commercial National Bank in
Nacogdoches, Texas, as
Trustee of the Edward B.
Tucker Trust \
Commercial National Bank in
Nacogdoches, Texas, as
Independents-Executor of the
Will and ^state of Mamie Ethel
Blount Tucker, Deceased
■. i
Tom E. Choate, President Tom E. Choate, President
Biliie J#an Tucker
Anne Tucker Lewis
Tr
TITLE INSURANCE
64'
i.D.No.l70-or N? 600555
OWNER POLICY OF TITLE INSURANCE
ISSUED FROM THE OFFICE OF
NACOGDOCHES ABSTRACT & TITLE CO., INC.
135 North Fredonia
Nacogdoches. Texas 75961
Policy issuing Agent for
. SAFECO TITLE INSURANCE COMPANY
fnc,,?n?r/niahCOrf?Orilt!r°n>Jliieruei'nafter called the ComPanV. f°r value does hereby guarantee to the
Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to he
estate or interest in the land described or referred to in this policy.
h.Klf 9reater amount tnanthe actual monetary loss of this Insured, and in no
So n opany be liable for more than the amount shown in Schedule A hereof, and shall, except
nf Hoh? nth!' ,8t, ' 3t T °Wn C°.St defend the lnsured in evefy action or Proceeding on any claim against,
or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or in the land
as hereby guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded bv
Paragraph 2, Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof The
party or parties entitled to such defense shall within a reasonable time after the commencement of such
action or proceeding, and in ample time for defense therein, give the Company written notice of the
pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such
adverse interest claim, or right shall have been held valid by a court of last resort to which either litiqant
may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the whole liability
limited above as shall bear the same ratio to the whole liability that the adverse interest, claim or riant
established may bear to the whole estate or interest in the land, such ratio to be based on respective values
determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved
from all liability with respect to any such interest, claim or right; provided, however, that failure to notify
shaN not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding
nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure. .
Upon sale of the estate or interest in the land, this policy automatically thereupon snail become a
warrantor s policy and the Insured shall for a period of twenty-five years from date hereof remain fully
protected according to the terms hereof, by reason of the payment of any loss, he, they or it may sustain on
account of any warranty of title qontained in the transfer or conveyance executed by the Insured convevinq
the estate or interest in the land. The Company shall be liable under said warranty only by reason of
defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the
exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this
policy.
In Witness Hereof, SAFECO Title Insurance Company has caused this policy to be executed by its
President under the seal of the Company, but this policy is to be valid only when it bears an authorized
countersignature, as of the date set forth in Schedule A.
Secretary
OWNER POLICY OF TITLE INSURANCE
President
Texas Form T-1 (Rev. 3-1-85)
SAFECO Stock No. TXT-0001 (Rev. 3-85)
65
CONDITIONS AND STIPULATIONS
1. Definitions
The following terms when used in this policy mean:
(a) '•land11: The land described, specifically or by reference, in Schedule A. and improvements affixed thereto which by law
constitute real property. J
(b) "public records": Those records which impart constructive notice of matters relating to the land
(c) "knowledge": Actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
(e) "Insured": The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against
he named Insuredorany person or entity who succeeds to the interestof such named Insured byoperationof law as distinguished
from purchase, any person who succeeds to the interest of such named Insured by operation of law as distinguished from
purchase including but not limited to the following:
(i) heirs, devisees, distributees, executors and administrators;
(ii) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of
such corporation upon partial or complete liquidation;
(iii) the partnership successors in interest to a general or limited partnership which dissolves but dos not terminate;
(iv) the successors in interest to a general or limited partnership resulting from the distribution of the assets of such
general or limited partnership upon partial or complete liquidation;
(v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon
partial or complete liquidation;
(iv) the successor or substitute trustee of a trustee named in a written trust instrument; or
(vii) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to
the beneficiaries thereof.
2. Exclusions from the Coverage of this Policy
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
(a) LACK OF ADEQUATE TITLE IN THE INSURED PROPERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR
MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPURTUNITY OR ECONOMIC EXPECTATION.
(b) Governmental rights or police power or eminent domain unless notice of the exercise of such rights appears in the public
records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persors, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or
to any land extending from the line of mean low tide to the line of vegetation or to lands beyond the line of the harbor or bulkhead
lines as established or changed by any government, or to filled-in lands, or artificial islands" or to riparian rights, or the rights or
interest of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or
their right of access thereto, or right of easement along and across the same.
(dj Defects, liens, encumbrances, adverse claims, or other matters (1) created, suffered, assumed or agreed to by the
Insured; (2) not known to the Company and not shown by the public records but known to the Insured either at the date of this policy
or at the date the Insured acquired an estate or interest insured by this policy and not disclosed in writing by the Insured to the
Company prior to the date such Insured became an Insured hereunder; (3) resulting in no loss or damage to the Insured; (4)
attaching or created subsequent to the date of this policy; (5) resulting in loss or damage which would not h^ve been sustained if
the Insured had paid value for the estate or interest insured by this policy; or (6) the homestead or community property or
survivorship rights, if any, of any spouse of any Insured."
3. Defense and Prosecution of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the
Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option,
the name of the Insured for such purpose.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or
proceeding, and such counsel shall have complete control of said defense.
(c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding
or to do any other act which in its opinion may be necessary oi desirable to establish the title to the estate or interest as insured,
and the Company may take any appropriate action under the terms of the policy, whether or not it shall be liable thereunder, and
shall not thereby concede liability or waive any provision of this policy. When, after the date of the policy, the Insured notifies the
Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land
insured by this policy which is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate
such charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The
Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the
Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
(Conditions and Stipulations Continued and Concluded on Last Page of this Policy)
SAFECO Stock No. TXT-0001 (Rev. 3-85)
66
CONDITIONS AND STIPULATIONS
(Continued and Concluded From Reverse Side of Policy Face)
rJdthpr Pol«cy. or was otherwise addressed in the closing of the transaction in connection with which this policy was
ien encumb?amnPany SHhallspe(?lflcaI|y advjse the lnsu^ of the reasons for its determination. If the Company concludes haUhe
lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions- (1) institute he
,ndCpemSafrythPr°,Ce h9S t0 dear the liGn' encumbrance' adve^ ^aim or defect from the title to'he estate as insured 2)
urrent'LurVc^n t aShPr°Vlded jn this polic^ <3> upon payment of appropriate premium and charges therefor, is ue to he
current Insured o to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy o*
title insurance without except.on for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equaUo Ihe
SenIaUe? T ^^ ^ " * ™^** >olic*> the amoun* of ^ 'oan; (4) indemnify another title insurance company in
f 3 pollcy(ies> of title insurance wj^ut exception for the lien, encumbrance, adverse claim or
r d°CUment dlSChar9in9 ^ ^ b ^ "■"" or defect; or (6, undertaKe a
nrhVerthe C°mpany ShaN have brought any action or ^terposed a defense as required or permitted by the provisions
py, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order
(e) Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or
proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or
proceeding, and the Company shall reimburse such insured for any expense so incurred.
(f) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both shall not be
construed as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any
claim or suit without written consent of the Company. " y y
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of
the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge
or hen on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured
against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the
Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the
payment or tender of payment of the full amount of this policy by the Companysha.il terminate all liability of the Company under this
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the Insured against
any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect such right of subrogation, 7*nd shall permit the
Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. '
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any
statement in writing required to be furnished the Company, shall be addressed to it at:
SAFECO TITLE INSURANCE COMPANY
National Claims Department
P.O. Box 2233
Los Angeles, California 90051
6. THIS POLiCY IS NOT TRANSFERABLE.
COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM
THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE
POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE TO THE STATE BOARD OF
INSURANCE, DEPARTMENT C, 1110 SAN JACINTO BLVD., AUSTIN, TEXAS 78786. THIS NOTICE OF
COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR
CONDITION OFTHIS POLICY.
OWNER POLICY OF TITLE INSURANCE
Texas Form T-1 (Rev. 3-1-85)
SAFFCO Stnr.k Nln TYT.nnm /Rpv 3-P5\
67
SCHEDULE A
File No: GF# 86-816
Amount: $ 775,000.00 Date of Policy: July 22, 1986, at 8:51 o'clock
Name of Insured: BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, a
coeducational institution of higher education of the STATE
OF TEXAS.
am
1. ...» B».*ie or .nieresi m me wnn in«.,™i hw twc ^n.w !e. «M .:„„.. leasehold, easement, etc. - identify or
Fee Simple
2. The land referred to in this policy is described as follows:
( DESCRIBED ON RIDER ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT A )
NACOGDOCHES ABSTRACT AND TITLE CO., INC.
SCHEDULE A
Texas Form T-1, Owner Policy (Rev. 3-1-76)
TXT-1A (Rev. 9-79)
68
SCHEDULE B
File No. 86-816
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases and
easements, if any, shown in Schedule A, and to the following matters which are additional exceptions from
the coverage of this policy:
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or state "None of Record"):
None of Record
2.. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements.
3. Taxes for the year 19-g^— and subsequent years, and subsequent assessments for prior years due to
change in land usage or ownership.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or
evidencing said lien(s):
( DESCRIBED ON RIDER ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT B )
SCHEDULE B
Texas FormT-1-B (Rev. 3-1-83) Owners Policy
SAFECO Stock No. TXT-1B (Rev.«3-1-83) SAFE CO
EXI1IIHT A "■*• 6 9
All tli.'it iimI.iIii ( t .lit im | ■.-11 t * • • I u| l.iml I y I M)», Mini lie In;',
nllu.'itf In I ln« (lily iil( N.'ii'D/nlni'licfi, N.*i«-f >>*.* h m- Im*ii ilniinl y, Tux/iii
mik! Iiriii/.', p/irl ol ,i I I y, S Miii* I r.-i«i dinw imIIimI I.OT No.
TWKNTY-lilC'HT (#28) IN BLOCK NO. KI KTY (K'jO) Ul- Till* CITY OF
NACOGDOCHES) described as Second Tract in deed from B.S. Wet-termark
et ux to J.J. Hayter, doted January 28, 1904, recorded
in Volume 53, Page 173 of the Deed Records Nacogdoches County,
Texas and more particularly described as follows:
BEGINNING at a point for corner in the Hast margin of Raguet
Street, from which a 3/4" iron pipe found bent for witness
bears S 89*21'll" E 1.77 feet, said beginning corner being the
SWC of a 4.57-acre tract described in deed from Etta Fay Hinds
to Cecil R. Bomar et ux, dated September 14, 1957, recorded in
Volume 270, Page 254 of the Deed Records Noco&doches County,
Texas;
THENCE S 89'2ril" E with the SBL of said 4.57-acre tract, at
1.77 feet pass a 3/4" iron pipe found for witness, and a total
distance of 1,164.73 feet to a 1/4" iron rod found for corner
at the SEC of said 4.57-acre tract;
THENCE N 89°44'22M E at 251.87 feet pass a 3/8" iron rod set
for witness from which a 6" Pine marked "X" bears S 65V E 7.3
feet and a total distance of 291.87 feet to a point for corner
in the centerline of the existing channel of LaNana Creek, from
which a 1/2" iron rod found for witness bears N 89°44'22" E
30.00 feet, said corner being the NWC of a 5.34-acre tract
described as Second Tract in a deed from Mamie Blount Tucker to
Byron McGough, dated October 1, 1984, recorded in Volume 545,
Page 189 of the Real Property Records Nacogdoches County,
Texas;
THENCE with the centerline of the existing channel of LaNana
Creek and the WBL of said 5.34-acre tract ;.is follows s
S 00*35'24" W 176.83 feet;
S 05#18'45" E 518.79 feet;
S 16*29 '38"' E 47.50 feet to a point for corner at the
intersection of the centerline of the existing channel of
LaNana Creek and the old bed of LaNana Creek from which a 3/8"
iron rod found for witness bears N 88°40'00" E 20.00 feet, said
corner being the SWC of said 5.34-acre tract and being in a WBL
of a 19.56-acre tract (called Part of Lot 1-A, Block 54 of said
City) described in a deed from Dan Hinds et al to Green Valley
Development Corporation, dated September 14, 1984, recorded in
Volume 542, Page 247 of the Real Property Records Nacogdoches
County, Texas and also being in the EBL of said 112.5-acre
tract;
THENCE with the WBL of said 19.56-acre tract, the EBL of said
112.5-acre tract and the centerline of the old bed of LaNana
Creek and the existing channel of LaNana Creek as follows:
S 88*40'00" W 46.54 feet to a point for corner;
S 25*34'00" E 201.07 feet to a point for corner;
S 69-26'00" E 16.55 feet to a point for corner at the
intersection of the old creek bed and the existing channel of
LaNana Creek from which a 3/8" iron rod found for witness bears
S 69*26'00" E 20.00 feet, said corner being the NWC of a
2.53-acre tract described as First Tract in the said deed re
corded in Volume 545, Page 189;
THENCE S 16*29*38" E 233.60 feet with the WBL of said 2.53-acre
tract and the centerline of the existing channel of LaNana
^ •—■■'••••••■- - ••—■ ■ ""'"^^^ 7 0
Creek Co a point Cor corner at the intersection of the center-line
of the existing channel of LuNana Creek and the old bed of
LaNana Creek from which a 3/8" iron rod set" for witness bears N
87*32'24M W 40.00 feet, from said witness a 7" Willow marked
"X" bears N 74 * E 15.5 feet, said corner being in the F.HL of
said 112.5-acre tract and being the SWC of said 2.53-acre tract
and also being the NEC of a 209.35-acre tract described in deed
from Eugene H. Blount et al to The State of Texas, dated Sep
tember 6, 1917, recorded in Volume 99, Page 617 of the Deed
Records Nacogdoches County, Texas;
THENCE N 87*32f24M W with the NBL of said 209.35-acre tract at
40.00 feet pass a 3/8" iron rod set for witness and a total
distance of 930.20 feet to a cyclone fence corner post for
corner;
THENCE N 87*38f34" W 731.06 feet continuing with the NBL of
said 209.35-acre tract to a .point for corner in the East margin
of Raguet Street, from which a 1/2" iron rod set for witness at
the end of a cyclone fence bears N 87°38I34" W 0.39 feet;
THENCE N 01*07*35M E 1,093.23 feet with the East margin of
Raguet Street to the place of BEGINNING, containing 38.91 acres
of land.
EXHIBIT B '•*■
(1) Easement set forth in instrument from Mamie Blount
Tucker and Edward B. Tucker to Texas Power & Light Co., dated
June 27, 1941, recorded in Volume 156, Page 345 of the Deed
Records of Nacogdoches County, Texas.
(2) Easement set forth in instrument from Mamie Blount
Tucker and Edward B. Tucker to the City of Nacogdoches, dated

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Transcript

Stephen F. Austin
State University
Minutes of the
Board of Regents
Huxley Bay, Texas
July 28,1986 (as corrected)
Volume 80
INDEX
MINUTES OF THE MEETING
STEPHEN F. AUSTIN STATE UNIVERSITY
BOARD OF REGENTS
HELD AT HUXLEY BAY, TEXAS
July 28, 1986
PAGE
86-104 Approval of Minutes of April 29, 1986
Meeting 22
86-105 Approval of Minutes of May 21, 1986
Meeting 2
86-106 Faculty and Staff Appointments for
Summer I and II, 1986 2
86-107 Changes in Status (Summer) „ 5
86-108 Faculty and Staff Appointments 7
86-109 Changes in Status (FY 86-87) 11
86-110 Resignations 12
86-111 Leaves of Absence 14
86-112 Retirements . 14
86-113 Tenure Awards 15
86-114 Promotions 15
86-115 Approval of Holiday Schedule for FY 86-87 .... 15
86-116 Approval of Policy and Procedure for
Reduction in Force for Non-Academic
Employees . 16
86-117 Approval of Last Class Day Enrollment
Report for Spring Semester of 1986 16
86-118 Approval of 1986-87 Parking and Traffic
Regulations. 16
86-119 Approval of General Bulletin for 1986-87 16
86-120 • Approval of Budget Adjustments for FY 86 16
86-121 Authorization to Sign Depository Contracts
for FY 86-87 16
86-122 Approval of Biennial Legislative Appropriations
for FY 88 and FY 89 17
86-123 Authorization to Approval Travel Requests
for period August 1, 1986 through
August 31, 1986 17
8-6-124 Approval of Fee Charge for Certification
Plans for Postgraduates Seeking Teaching
Certification 17
86-125A Approval of Lease to City of Nacogdoches
for a Right of Way to Leased Area for
a Water Line 18
86-126 Approval of Employment of Blum Consulting
Engineers to Prepare Plans to Replace
Fiberglass Water Lines at Power Plant 1. ... 18
PAGE
86-127 Approval to Request Attorney General
to Allow SFASU to Proceed On Its
Own to Sue for Damages in Repair
of Hot Water Piping System*. 13
86-128 Approval to Allow General Counsel to
Proceed With Demand for Damages
Sustained Because of Hot Water
Piping Damage is
86-129 Authorization to Renovate Early Childhood
Area of the Home Economics North
Building 18
86-130 Authorization to Increase Allocation for
Site Work on the SFASU Statue Project 19
86-131 Authorization to Make Improvements to
Press Box at Homer Bryce Stadium . . 19
86-132 Approval to Ratify Contract for Purchase
of the Tucker Property lg
86-133 Adjournment ! ! ! i q
Policy and Procedure for Reduction in
Force of Non-Academic Employees 20
Vehicle Traffic and Parking Regulations . . . ! ! 23
Surveys of Property To Be Leased by
City of Nacogdoches for Water Lines 41
Contract for Purchase of Tucker Property. . . . ! 45
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HUXLEY BAY, TEXAS
July 28, 1986
The meeting was called to order by Mr. Larry Jackson, Chairman
of the Board of Regents, at 9:00 a.m., July 28, 1986.
REGENTS
PRESENT;
STAFF
PRESENT:
Mr
Mr
Mr
Mr,
Mr.
Ms.
Mr.
Mr,
Dr
Mr
Mr
Dr
Dr
Dr
Larry Jackson of Piano
Homer Bryce of Henderson
Dan Haynes of Burnet
Richard Hile of Jasper
W. F. Garner, Jr., of Bridge City
Willia B. Murphy Wooten of Crockett
M. M. Stripling of Nacogdoches
Lavoy Moore of Conroe
. William R. Johnson, President
. Don Henry, Vice President for Administrative
and Fiscal Affairs
. Bob Provan, Legal Counsel
. Baker Pattillo, Vice President for University
Affairs
Dr. James Reese, Vice President for Academic
Affairs
Nancy C. Speck, Director of Development
William J. Brophy, Interim Vice President
for Academic Affairs
86-104
Upon motion of Regent Haynes, seconded by Regent Garner, with
all members voting aye, it was ordered that the minutes of
the meeting of April 29, 1986, be approved.
86-105
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the minutes of
the called meeting of May 21, 198 6, be approved.
86-106
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the followinq
individuals be employed for the positions, dates, and salaries
indicated for Summer I and II, 1986:
1. Department of Administrative Services
Dr. Libbyrose Dalton Clark, Lecturer in Adminis
trative Services, at a salary of $2,666 for 100%
time for Summer I, 1986.
2. Department of Communication
Mr. Randall Jerrj Birdwell, Part-time Instructor
in Communication, at a salary of $1,000 for 50%
time for Summer I, 1986.
Mr. Benjamin Click, Lecturer in Communication, at
a salary of $3,000 for 100% time for Summer I, 1986.
Ms. Sara Bess Dudley, Part-time Instructor in
. Communication, at a salary of $1,750 for 50% time
for Summer II, 1986.
Mr. Barry Glenn Oliver, Part-time Instructor in
Communication, at a salary of $1,500 for 50% time
for Summer I, 1986.
3. Department of Computer Science
Mr. Yawhsing Huang, Lecturer in Computer Science,
at a salary of $6,366 for 100% time for Summer I
and II, 1986.
Dr. Craig A. Wood, Professor in Computer Science,
at a salary of $4,635 for 100% time for Summer II,
19 8 6 »
Department of Counseling and Special Educational
Programs
Ms. June Tenberg, Instructor in Counseling and Special
Education, at. a salary of $3,100 for 100% time for
Summer I, 198 6.
Ms. Marjorie Jean Wood, 35, M.Ed. (University of
Texas-Austin), Visiting Lecturer in Counseling and
Special Education, at a salary of $4,500 for 100%
time for Summer I and II, 1986.
Department of Economics and Finance
Dr. Joe Bert Stine, 40, D.B.A. (Louisiana Tech
University), Associate Professor in Economics and
Finance, at a salary of $4,951 for 100% time for
Summer, 1986.
Department of English and Philosophy
Ms. Annette S. Dawson, part-time Instructor in
English, at a salary of $1,100 for 50% time for
Summer I, 1986.
Ms. JoAnne Cusack Howard, Part-time Instructor in
English, at a salary of $1,100 for 50% time for
Summer I, 1986.
School of Forestry
Dr. Mingteh Chang, Associate Professor in Forestry,
at a salary of $4,478 for 100% time for Summer II,
1986.
a
. Dr. Hershel Reeves, Professor in Forestry, at
salary of $5,430 for 100% time for Summer II, 1986.
Dr. Kenneth Watterston, Professor in Forestry, at
a salary of $5,920 for 100% for Summer II, 1986.
8. Department of Home Economics
Ms. Janie 0. Kenner, Instructor in Home Economics,
at a salary of $2,833 for 100% time for Summer I,
1986.
9. Department of Physics
Dr. John Decker, Professor in Physics, at a salary
of $5,862 for 100% time for Summer II, 1986.
Dr. Norman Markworth, Associate Professor in Physics
at a salary of $4,625 for 100% time for Summer II,
1986.
Mr. Edward Michaels, Instructor in Physics, at a
salary of $8,190 for 100% time for Summer I and
II, 1986.
10. Department of Political Science and Geography
Ms. Mary L. Cams, Assistant Professor in Political
Science, at a salary of $800 as a one-time stipend
for teaching a course for a colleague who is ill.
Dr. Stephen N. Smith, Associate Professor in Political
Science, at a salary of $800 as a one-time stipend
for teaching a course for a colleague who is ill.
11. Department of Psychology
Mr. Benny L. New, Instructor in Psychology, at a
salary of $3,000 for 100% time for Summer I, 1986.
Mr. New taught the classes which were initially
scheduled for Dr. James Speer.
12. Department of Secondary Education
Dr. David Lamar Collins, 36, Ed.D. (North Texas
State University), Lecturer in Secondary Education
at a salary of $4,000 for 100% time for Summer I,
1986.
Dr. David Nelson, Lecturer in Secondary Education,
at a salary of $4,000 for 100% time for Summer II,
1986.
13. Department of Theatre
Ms. Jan Elinor Jones, Part-time Instructor in Theatre,
at a salary of $1,500 for 50% time from June 2-June
30, 1986. Ms. Jones directed two productions for
the Summer Repertory Theatre.
Mr. Alen Oster, Lecturer in Theatre, at a salary
of $3,000 for 100% time for Summer I, 1986.
14. School of Applied Arts and Sciences
The following persons are employed for Summer I, 1986 at the
location and for the salary indicated.
Dr. Mary Appleberry Longview $ 936
Ms. Irene Armsworth Nacogdoches 2,886
Mr. James Bowman Coffield 1,216
Dr. James C. Dennis Kingwood 1,176
Dr. Harry D. Downing Kingwood $ 79 0
Dr. Ralph Eddins Fairfield 988
Dr. Donald Gregory Coffield 1,216
Dr. Patsy Hallman Kingwood 1,040
Dr. Harold Hill Longview 936
Dr. Mary Ella Lowe Kingwood . 1,040
Dr. Samir Maamary Kingwood 1,040
Dr. John J. Quinn Longview 686
Dr. J. A. Rodriguez Kingwood 1,040
Dr. Stephen Smith Coffield 1,216
Dr. Laurence Walker Coffield 1,216
86-107
Upon motion of Regent Moore, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Agriculture
Dr. Joe Gotti, Assistant Professor in Agriculture,
from 100% time for Summer I to 10 0% time for Summer
I and II, 1986, for a total salary of $8,036.
2 . Department of Art
Dr. E. Diane Ford, Associate Professor in Art, from
100% time for Summer I to 100% time for Summer II
at a salary of $5,133.05.
Mr. James Snyder, Professor in Art, from 100% time
for Summer II to 100% time for Summer I at a salary
rate of $5,513.
3. Department of Chemistry
Mr. John T. Moore, Assistant Professor in Chemistry,
from 100% time at a salary of $3,693 to 50% time
at a salary of $1,847 for Summer I, 1986.
Dr. Samuel S. Naistat, Professor in Chemistry, from
100% time at a salary of $5,534 to 50% time at a
salary of $2,767 for Summer I, 1986.
4 . Department of Communication
Dr. William Joseph Oliver, Associate Professor in
Communication, from a salary of $2,581 for 50% time
to a salary of $5,162 for 100% time, effective Summer
II, 1986.
5. Department of Counseling and Special Educational
Programs
Dr. Bernard-thomas Hartman, Professor in Special
Education, from 100% time at a salary of $5,469
to 50% time at a salary of $2,734 for Summer I,
1986. One class failed to make.
6. Department of English and Philosophy
Dr. Leonard Cheever, Professor in English, from
100% time at a salary of $6,045 to 100% time for
Summer I and 50% time for Summer II for a total
salary of $9,068.
Dr. Fred Rodewald, Professor in English, from 50%
time at a salary of $3,093 to 33% time at a salary
of $2,093 for Summer I, 1986.
7. School of Forestry
Dr. David L. Kulhavy, Associate Professor in Forestry,
from 50% time at a salary of $2,210 to 100% time
for Summer II at a salary of $4,420 for Summer II,
1986.
8. Department of History
Dr. Joseph Devine, Associate Professor in History,
from 100% time for Summer I to 100% time for Summer
II at a salary of $4,980.
9. Department of Physics
Dr. Walter L. Trikosko, Assistant Professor in
Physics, from 50% time for Summer I to 100% time
for Summer I and 100% time for Summer II for a total
salary of $7,956.
10. Department of Political Science and Geography
Dr. Ronald Claunch, Professor in Political Science,
from 100% time at a salary of $5,570 to 50% time
at $2,785 for Summer I, 1986.
Dr. Richard Kim, Professor of Political Science,
from 50% time at a salary of $3,104 for Summer I
and 100% time at a salary of $6,209.
11. Department of Sociology
Dr. Richard Hurzeler, Associate Professor in
Sociology, from 50% time at a salary of $2,114 for
Summer I and 50% time at a salary of $2,114 for
Summer II to 100% time at $4,228 for Summer II only.
Dr. Robert K. Richards, Visiting Assistant Professor
in Sociology, from 50% time at a salary of $1,716
for Summer I and 50% time at a salary of $1,716
for Summer II to 100% time at $3,432 for Summer
I only.
12. Department of Theatre
Mr. Thomas M. Matthys, Assistant Professor in Theatre,
from 33% time for Summer I and 67% time for Summer
II at $4,261 to 50% time at a salary of $2,131 for
Summer II only.
86-108
Upon motion of Regent Wooten, seconded by Regent Bryce, with
all member voting aye, it was ordered that the following
individuals be employed for the positions, dates, and salaries
as indicated:
1. Department of Accounting
Ms. Carol E. Price, 25, M.S. (Texas A&M University),
Lecturer in Accounting at a salary of $17,500 for
100% time for nine months, effective September 1,
1986.
Ms. Violet C. Rogers, 29, M.B.A. (Stephen P. Austin
State University), Lecturer in Accounting at a salary
of $17,500 for 100% time for nine months, effective
September 1, 1986.
Ms. Emagene Wind, Lecturer in Accounting at a salary
of $24,491 for 100% time for nine months, effective
September 1, 1986.
2. Department of Administrative Services
Ms. Juliana Janette Durr, 24, M.B.A. (Stephen F.
Austin State University), Lecturer in Administrative
Services, at a salary of $17,500 for 100% time for
nine months, effective September 1, 1986.
Dr. Betty S. Johnson, 36, Ed.D. (University of
Arkansas), Associate Professor in Administrative
Services and Chairman of Department, at a salary
of $41,750 for 100% time for 11 months, effective
September 1, 1986. Dr. Johnson will begin her duties
as Department Chairman on August 1, 1986, and her
salary for the month of August will be $3,795.
3. Department of Art
Mr. Gary Q. Frields, 30, M.F.A. (Stephen F. Austin
State University), Visiting Assistant Professor in
Art, at a salary of $21,313 for 100% time for nine
months, effective September 1, 1986.
4. Department of Communication
Ms. Patricia L. Spence, Part-time Instructor in
Communication and Director of Student Publications,
at a salary of $24,272 for 12 months, effective July
14, 1986. . *
5. Department of Counseling and Special Educational
Programs
Ms. Marietta Lanier Yeates, 44, M.Ed. (Stephen F.
Austin State University), Instructor in Counseling
and Special Educational Programs, at a salary of
$23,750 for 100% time for nine months, effective
September 1, 1986.
6. Department of Economics and Finance
Mr. Rocky N. Dumas, Lecturer in Economics and Finance,
at a salary of $17,500 for 100% time for nine months,
effective September 1, 1986.
Dr. Mike Graham,. 40, J.D. (South Texas College of
Law), Part-time Instructor in Economics and Finance,
at a salary of $3,500 for 25% time for nine months,
effective September 1, 1986.
Mr. Thomas A. Hebert, 47, M.S. (University of
Arkansas), Part-time Instructor in Economics and
Finance, at a salary of $3,000 for 25% time for nine
months, effective September 1, 1986.
Ms. Sarah Nelle Richardson, Part-time Instructor
in Economics and Finance, at a salary of $3,500 for
25% for nine months, effective September 1, 1986.
7.• Department of Elementary Education
Dr. Mary Appleberry, Part-time Professor in Elementary
Education, at a salary of $17,220 for 50% time for
eight months, effective October 1, 1986.
Dr. Judy A. Barnes, Part-time Instructor of Elementary
Education, at a salary of $5,332 for 67% time for
the fall semester, 1986, only.
8. Department of English and Philosophy
Mr. Boyd Douglas Dollar, 30, M.A. (Stephen F. Austin
State University), Part-time Instructor in English,
at a salary of $11,375 for 87.5% time for nine months,
effective September 1, 1986.
9. School of Fine Arts
Dr. William Parsons, 56, Ph.D. (Louisiana State
University), Dean, School of Fine Arts, and Professor
in Theatre, at a salary of $58,000 for twelve months,
effective September 1, 1986. Dr. Parsons will begin
his duties as Dean of the School of Fine Arts on
August 1, 1986 and his salary for the month of August
will be $4,833.
10. Department of Health and Physical Education
Ms.Kathleen Dunn Hamrick, 26, M.F.A. (Florida State
University), Visiting Instructor in Health and Physical
Education, at a salary of $18,000 for 100% time for
nine months, effective September 1, 1986.
11. Department of Home Economics
Ms. Janie 0. Kenner, Lecturer in Home Economics,
at a salary of $8,750 for 100% time for the fall
semester, 1986, only.
12. Department of Management and Marketing
Mr. Ronald A. Bigoness, Lecturer in Management and
Marketing, at a salary of $20,935 for 100% time for
nine months, effective September 1, 1986.
Dr. Jarrett Hudnall, Jr., Professor in Management
and Marketing, at a salary of $33,000 for 100% time
for nine months, effective September 1, 1986.
13. Department of Mathematics and Statistics
Ms. Sandra K. McCune, Lecturer in Mathematics, at
a salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
Ms. Jane Staats Shepard, Lecturer in Mathematics,
at a salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
Ms. Ellen T. Wood, Lecturer' in Mathematics, at a
salary of $19,313 for 100% time for nine months,
effective September 1, 1986.
14. Department of Music
Ms. Susan Brenneis, Part-time Instructor in Music
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
10
Mr. Andrew Bruckf Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Ms. Cynthia Kempf, Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Mr. William Krause, Part-time Instructor in Music,
at a salary of $1,500 for 25% time for the fall
semester, 1986 only.
Mr. Barry Larkin, 32, M.M. (Stephen F. Austin State
University), Part-time Instructor in Music, at a
salary of $6,000 for 50% time for nine months,
effective September 1, 1986.
Mr. Stephen Pelkey, Part-time Instructor in Music,
at a salary of $4,999 for 50% time for the fall
semester, 1986 only.
Ms. Elizabeth Clayton Withey, Instructor in Music,
at a salary of $.18,000 for 100% time for nine months,
effective September 1, 1986.
15. Department of Secondary Education
Dr. John Calvin Austin, Part-time Professor in
Secondary Education, at a salary of $18,170 for 50%
time for nine months, effective September 1, 1986.
Dr. Allan Gordon Cannon, Part-time Instructor in
Secondary Education, at a salary of $8,000 for 50%
time for nine months, effective September 1, 1986.
Dr. Clyde L. Iglinsky, Part-time Instructor in
Secondary Education, at a salary of $4,000 for 25%
time for nine months effective September 1, 1986.
Dr. Morgan C. Moses, Part-time Professor in Secondary
Education, at a salary of $19,125 for 50% time for
nine months, effective September 1, 1986.
16. Department of Theatre
Mr. Allen Oster, Lecturer in Theatre, at a salary
of $17,250 for 100% time for nine months, effective
September 1, 1986.
11
17. University Affairs
Mr. Stephen Allgood, Assistant Basketball Coach for
men, at a salary of $3,604f effective July 14, 1986
to August 31, 1986. Effective September 1, 1986,
Mr. Allgood's salary will be $25,993 for ten and
one-half months.
Ms. Jamie Fain, Director of Residence Life, at a
salary of $24,272 for twelve months, effective June
30, 1986.
Mr. Kenneth Ross, Police Officer I, at a salary of
$13,146 for twelve months, effective June 23, 1986.
86-109
Upon motion of Regent Garner, seconded by Regent Hile, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Administrative Services
Dr. Dillard Tinsley, from Interim Chairman of the
Department of Administrative Services and Professor
in Management and Marketing at a salary of $49,142
for eleven months to Professor in Management and
Marketing at a salary of $40,207 for nine months,
effective August 1, 1986.
2. Department of Biology
Dr. Alan Hay, from Associate Professor in Biology
at a salary fo $30,348 for nine months to Chairman
of the Department of Biology and Associate Professor
in Biology at a salary of $40,000 for eleven months,
. effective September 1, 1986.
Dr. Fred Rainwater, from Associate Professor in Biology
and Interim Dean, School of Sciences and Mathematics,
at a salary of $48,000 for twelve months to Associate
Professor in Biology at a salary of $37,080 for nine
months, effective August 1, 1986.
3. Department of Chemistry
Dr. Wayne Boring, from Professor in Chemistry at
a salary of $35,218 for nine months to Interim Chairman
of the Department of Chemistry and Professor in
Chemistry at a salary of $44,044 for eleven months,
effective September 1, 1986.
12
Dr.^ Jacob Seaton, from Professor in Chemistry and
Chairman of the Department of Chemistry at a salary
of $52,530 for twelve months to Professor in Chemistry
at a salary of $40,579 for nine months, effective
September 1, 1986.
4. Department of Music
Mr. John William Goodall, Instructor in Music, from
a salary of $20,122 for 100% time for nine months
to a salary of $21,022 for 100% time for nine months,
effective September 1, 1986. This is to correct
an error in the printed budget.
Dr. Max Lynn Morley, from Associate Professor in
Music and Interim Dean, School of Fine Arts, at a
salary of $34,632 for eleven months to Associate
Professor in Music at a salary of $29,185 for the
nine months, effective August 1, 1986.
5. University Affairs
Mr. Kenneth Kennamer, from Director of University
News and Information and Interim Director of Student
Publications at a salary of $37,464 to Director of
University News and Information at a salary of $33,964,
effective July 13, 1986.
6. Computer Center
Mr. Randy Slade Askew, from Manager of Operations,
at an annual salary of $25,500 to Manager of Computer
and Communication Operations at a salary of $27,185,
effective June 1, 1986, through August 31, 1986 and
$28,000 effective September lf 1986.
Mr. Billy J. Click, from Director of Computer Center
at an annual salary of $46,285 to Director of Computing
and Communication Services at a salary of $47,57 4
effective May 15" through August 31, 1986, and $49,000
effective September 1, 1986.
Ms. Kristi J. Ellsworth, Programmer, from an annual
salary of $18,298 for 100% time to a salary of $9,149
for 50% time effective June 24, 1986.
86-110
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the following
resignations be accepted:
13
1. Department of Art
Ms. Margaret R. Lazzari, Assistant Professor in Art
effective May 31, 1986.
2. Department of Agriculture
Dr. Walter Stephen Woodley, Assistant Professor in
Agriculture, effective June 30, 1986.
3. Department of Biology
Ms. Jennifer Matos, Laboratory Coordinator, effective
March 15, 1986.
4. Department of Communication
Dr. William A. Mulligan, Assistant Professor in
Communication, effective July 9, 1986.
5. Department of Computer Science
Dr. Richard M. Reese, Assistant Professor in Computer
Science, effective May 31, 1986.
6. Department of Counseling and Special Educational
Programs
Ms. Debra W. Bankston, Lecturer in Counseling and
Special Educational Programs, effective May 31, 1986.
7. Early Childhood Laboratory
Ms. Kimberly Anne Fuller, Kindergarten Teacher,
effective June 27, 1986.
Ms. Sandra Kay Provan, Infant Teacher, effective
June 30, 1986.
8. Department of Health and Physical Education
Ms. Cheri A. Burns, Part-time Instructor in Health
and Physical Education and Volleyball Coach, effective
May 31, 1986.
Mr. Daniel J. Kaspar, Part-time Instructor in Health
and Physical Education and Assistant Basketball Coach,
effective June 16, 1986.
9. Department of Physics
Mr. Robin Alan Haines, Laboratory Coordinator,
effective May 29, 1986.
14
10. University Affairs
Ms. Deborah Harmon, Police Officer I, effective June
2, 1986.
Dr. Bonita Jacobs, Director of Residence Life,
effective July 3, 1986.
Dr. William Porter, Dean of Student Development,
effective July 22, 1986.
Ms. Stella Richey, Senior Secretary in Intercollegiate
Athletics for Men, effective April 4, 1986.
86-111
Upon motion of Regent Hile, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
request for leave of absence be granted.
1. Department of Art
Mr. Piero Fenci, Associate Professor in Art, leave
without pay, effective fall semester, 1986, only.
86-112
Upon motion of Regent Haynes, seconded by Regent Wooten, it
was ordered that the following retirements be approved.
1. Department of Administrative Services
Mr. Charles William Logan, Instructor in Administrative
Services, effective May 3, 1986.
2. School of Forestry
Mr. Ellis V. Hunt, Associate Professor in Forestry,
effective May 31, 1986.
3. Graduate Office
Ms. Marilyn Odom, Administrative Assistant to Dean
of Graduate School, effective August 31, 1986.
4. Department of Physics
Dr. John P. Decker, Professor in Physics, effective
May 31, 1986.
5. Department of Political Science and Geography
Dr. Wesley Sisson Chumlea, Associate Professor in
Political Science, effective May 31, 1986.
15
86-113
Upon motion of Regent Hile, seconded by Regent Garner, with
all members voting aye, it was ordered that the following
award of tenure be approved:
1. Department of Communicaton
Dr.^ Heber Taylor, Professor in Communication and
Chairman, Department of Communication, effective
September 1, 1986.
86-114
Upon motion of Regent Moore, seconded by Regent Wooten, with
all members voting aye, it was ordered that the foliowinq
promotions be honored:
1. Dr. John Whitt, Professor Emeritus of Accounting,
effective September 1, 1986.
2. Dr. Edwin W. Gaston, Jr., Professor Emeritus of
English, effective September 1, 1986.
86-115
Upon motion of Regent Bryce, seconded by Regent Moore, with
all members voting aye, it was ordered that the holiday schedule
for University employees on a twelve-month basis be approved
as listed below:
1986
Monday, September 1
Thursday, November 27
Friday,November 28
Wednesday, December 24
Thursday, December 2 5
Friday, December 26
Monday, December 29
Tuesday, December 3 0
Wednesday, December 31
1987
Thursday, January 1
Friday, January 2
Wednesday, March 18
Thursday, March 19
Friday, March 20
Friday, April 17
16
86-116
Upon motion of Regent Garner, seconded by Regent Hile, with
all members voting aye, it was ordered that the Policy and
Procedure for Reduction in Force for Non-Academic Employees
be adopted as presented. See page 20 for Reduction in Force
Policy.
86-117
Upon motion of Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the last class
day enrollment report for the spring semester of 1986 be
approved as submitted at the meeting.
86-118
Upon motion of Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the Parking and
Traffic Regulations, 1986-87, be approved as submitted. See
page 23 for copy of these regulations.
86-119
Upon motion of Regent Moore, seconded by Regent Haynes, with
all members voting aye, it was ordered that the General Bulletin
for 1986-87 be approved, as submitted.
86-120
Upon motion of Regent Hile, seconded by Regent Wooten, with
all members voting aye, it was ordered that the following
budget adjustments for FY 86 be approved:
Account No. Account Name Explanation Amount
No. 5615 UC Programs Transfer from UCP $ 18,500
income acct. to
expenditure acct.
No. 5295 Physical Plant Installation of 11,358
Department sign for Bryce
Stadium
Source of Funds: Auxiliary Enterprise Surplus
86-121
Upon motion of Regent Garner, seconded by Regent Haynes, with
all but one member voting aye, M. M. Stripling abstained,
it was ordered that the University Bank Depository Contracts
be approved for one year, September 1, 1986, through August
31, 1987, and that the Chairman of the Board be authorized
to sign the contracts with the following banks and savings
and loan associations:
17
Commercial National Bank, Nacogdoches, Texas
Fredonia State Bank, Nacogdoches, Texas
Stone Fort National Bank, Nacogdoches, Texas
First City National Bank, Lufkin, Texas
Republic Bank of Lufkin, Lufkin, Texas
Superior Savings Association, Nacogdoches, Texas
First Federal Savings and Loan Association,
Nacogdoches, Texas
Guaranty Federal Savings and Loan Association,
San Antonio, Texas
Certificates thnf andmini.stration be authorized to purchase
f d cDeP°Slt fr°m . **e depository institutions,
86-122
submitted under separate cover.
86-123
aUlplo n m^irc Regent Bryce, seconded by Regent Wooten, with
all members voting aye, it was ordered that the followina
persons be authorized to approve travel requests by Unive?si2?
employees for the period August 1, 1986, through August 3U
Dr. William R. Johnson, President
Dr. James V. Reese, Vice President for Academic Affairs
^Y^7 ^ President for Administrative and
Dr.. Baker Pattillo, Vice President for University Affairs
86-124
Upon motion of Regent Garner, seconded by Regent Haynes, with
all members voting aye, it was ordered that a fee charge for
22tJCa^SnK PlanS f°r Postgraduates seeking teaching
be approved according to the following Ichedule:
1. Jamison Bill Certification Plans. . $40.00
2. Out-of-state graduates 20 00
3. Foreign transcripts ) 40*00
4. Deficiency Plan for TEA ...... 2o!oo
5. Endorsement Plans 10*00
86-125
Upon motion of Regent Bryce, seconded by Regent Hile, with all
members voting aye, it was ordered that a lease of a tract of
p?™ °I ch^-e^ Side Of the camPus' adjacent to the
Pmecrest Subdivision, consisting of approximately one-half
acre and an easement and right of way for access to the leased
area and for a water line be granted to the City of
Nacogdoches. See page 41 for description of property.
86-126
of*e9ent Hile, seconded by Regent Garner, with
voting aye, it was ordered that Blum Consulting
° Saila/ube ne™Ployed to Prepare plans to replacl
ai? fc f,lber9lass water lines which have developed
^TvP1u^ X and that the Administration be
auSort^ \° ^ bi.S °n the Pro^ect and the President be
authorized to sign the contract with the approval of the
Chairman and Executive Committee.
Source of Funds: Higher Education Assistance Funds.
86-127
Upon motion of Regent Hile, seconded by Regent Garner, with
rlanlTM3 V£ing aye' ifc WaS °rdered ^at the Administration request the Attorney General of Texas to allow Stephen F
Sf ^ ^J^"1^ to Proceed on its own to suef or submli
th fOn! i • dama^es. a"d other appropriate relief any or
\ followmg parties for the repair of the hot water
ySSf ^ Plant X tO Liberal ArtS North * th
1. Friberg Associates, Incorporated
2. Thermacor, Incorporated
3. Fiberglass Resources Corporation
4. Sumners, Incorporated
5. Koch Fiberglass Products
6. Any other responsible party
86-128
Upon motion of Regent Hile, seconded by Regent Bryce, with all
members voting aye, it was ordered that thl GeneSl Counsel be
authorized to proceed to make demand from those complies
Inl lLXn S^lon 86-127 for ^11 losses sustained because
hot water piping system failure under the Deceptive Practice
86-129
Upon motion of Regent Wooten, seconded by Regent Moore, with
all members voting aye, it was ordered that the Administration
be authorized to renovate the Early Childhood area o? S Home
Economics North Building for an estimated cost of $23,000.
Source of Funds: Higher Education Assistance Funds
19
86-130
Upon motion of Regent Haynes, seconded by Regent Garner, with
all members voting aye, it was ordered that the allocation
for site work on the Stephen F. Austin statue project be
increased by $12,500.
86-131
Upon motion of Regent Garner, seconded by Regent Haynes, it
was ordered that the administration be authorized to make
certain improvements in the press box at Homer Bryce Stadium
at a cost not to exceed $36,500.
86-132
Upon motion of Regent Bryce, seconded by Regent Garner, with
all members voting aye, it was ordered that the purchase of
the Tucker property for a sum of $775,000, as per the contract
executed by the President and the Chairman of the Board be
ratified. See page 45 for contract.
86-133
Upon motion of Regent Wooten, seconded by Regent Garner, with
all members voting aye, it was ordered that meeting be adjourned
at 11:00 a.m.
20
Policy and Procedure for Reduction in Force of
Non-Academic Employees
Purpose
The purpose of this policy and procedure is to establish a process for effecting a
reduction in force.
Definition
A reduction in force is defined as a layoff of a segment of the work force due to
a lack of work, reduction in funding, or reorganization. It is an involuntary
termination of employment not involving delinquency or misconduct.
Determination
The President of the University may implement a reduction in force in order to meet
operating expenses and maintain sound reserves without diminishing capital or
generating unwise or impermissable indebtedness. Prior to the implementation, the
President shall consult with the Vice Presidents and other administrators of the
Presidents choice. The consultation shall include a discussion of:
(1) anticipated income and expenditures;
(2) retrenchment measures which have been taken;
(3) reasonable alternatives to reduction in force; and
(4) any other matter the President deems appropriate.
1. Regular, full-time employees will be given preference for retention over
probationary, part-time, or temporary employees.
2. Length of service with the University, ability to perform the work remaining
in the affected department, and critical skills required for the remaining
work shall be weighed equally in selecting employees for layoff.
3. The University will make every effort to place potentially affected employees
in vacant positions for which they qualify.
4. Employees who are laid off as a result of a reduction in force will be given
priority consideration for vacant positions for which they qualify.
5. If there are no suitable job openings at the University, the Personnel Services
Office will provide reasonable assistance to affected employees in finding
positions outside the University.
Procedure
1. A director or other administrator instructed by the President to accomplish a
reduction in force will prepare a Work Force Profile on all employees in the
affected department or program. The Work Force Profile shall indicate the
number of positions to be abolished, discontinued, or vacated, and the names,
job titles, length of service, and classification (temporary, probationary, or
full-time, regular) of the affected employees.
21
2. The director or other administrator shall list the employees recommended for
separation on a Reduction-in-Force Roster and forward the roster and the
Work Force Profile through the appropriate Vice President to the Director of
Personnel Services.
3. The Director of Personnel Services shall review and certify that the Reduction-in-
Force Roster complies with the provisions of the reduction-in-force policy.
4. After certification by the Director of Personnel Services, the roster for every
affected department shall be sent to the President for final approval.
5. Upon approval by the President, the director or other administrator of the
department will meet with each affected employee, review the reason for the
reduction in force, provide the employee with written notification of separation,
and refer the employee to the Personnel Services Office. Whenever possible.
a written notification should be given at least thirty (30) days prior to the
effective date of the reduction in force.
6. In the Personnel Services Office, each affected employee will complete a new
application. The Personnel Services Office will review the application and
interview the employee.
7. If there are suitable openings with the University, the employee will be
referred to those job vacancies for which the employee is qualified.
8. If there are no suitable openings, the University may replace an employee in
one department with an employee who has more seniority in the same or
other department. The University may exercise this option in cases where
both employees are in the same or similar job classification according to the
UniversityTs validated job descriptions, or the employee will be provided
with placement assistance for positions outside the University. The affected
employee who is transferred under this option shall receive the compensation
budgeted for the position to which the employee has been transferred.
9. The Personnel Services Office will provide each affected employee with
information regarding unemployment benefits from the Texas Employment
Commission and other available assistance.
10. Employees who are laid off as a result of a reduction in force will be recalled
to the next available position for which they qualify. The right to recall shall
be granted on a priority basis. Length of service to the University, ability
.to perform the work in the affected department, and critical skills required
for the work shall be weighed equally in selecting employees for recall.
11. A notice of recall shall be sent to affected employees at the last known address
according to University records.
12. A reasonable period of time not to exceed seven (7) days will be allowed for
the affected employee to reply. The University may grant written extension
when there are extenuating circumstances.
13. The right to recall shall cease six (6) months after layoff.
14. An employee on layoff from the University who rejects a recall or job offer for
a position for which he or she qualifies shall forfeit further rights to recall.
22
15. Each employee who is laid off as a result of a reduction in force may appeal the
decision in accordance with the Procedure for Category I Grievances under the
Grievance and Appeals Procedure for Non-Academic Employees. The appeal
shall begin at Step Three. The burden of proof is on the employee, and the
scope of the review is limited to the opportunity for the employee to establish
that the layoff was made on a constitutionally impermissable or unlawful basis
or an arbitrary or capricious basis, or that this policy and procedure was
substantially violated.
July 9, 1986
23
VEHICLE TRAFFIC AND PARKING REGULATIONS
GENERAL INFORMATION
A. These regulations are approved by the Board of Regents
of Stephen F. Austin State University.
B. The University Police Department has the responsibility
and legal authority for the enforcement of the traffic
and parking regulations listed in this booklet.
C. The University considers the use of a vehicle on campus
a convenience and is not obligated to furnish unlimited
parking space to accommodate all vehicles. The.
University will, however, attempt to provide a
reasonable number of parking spaces in keeping with
available resources.
D. Every person operating a motor vehicle on University .
property is held responsible for obeying all University
traffic and parking regulations as well as all city and
state parking and traffic regulations.
E. The term "University property" is interpreted to-include
all properties under the control and
jurisdiction of the Board of Regents of Stephen F.
Austin State University.
P. The term "visitor" is interpreted to mean an individual
with no official connections with Stephen F. Austin
State University as a student, faculty, staff member,
or employee of private contractors assigned to Stephen
F. Austin State University campus.
Go Visitor parking is set aside for special interest areas
of the University. THESE SPACES HAY NOT BE UTILIZED BY
UNIVERSITY PERSONNEL, STUDENTS, OR EMPLOYEES OF PRIVATE
CONTRACTORS ASSIGNED TO STEPHEN' F. AUSTIN STATE
UNIVERSITY CAMPUS. These spaces are reserved for
bonafide visitors to the University. Visitors should
obtain a visitor parking permit from the University .
Permit & Citation Office or Information Booth on Vista
Drive.
H. Handicapped parking is provided in many parking lots on
campus. THESE SPACES ARE RESERVED 24 HOURS A DAY,
SEVEN (7) DAYS A UEEK FOR THE HOLDERS OF HANDICAPPED
PARKING PERMITS.
24
I. If a different vehicle must be registered, the remnants
of the old permit must be presented to the University
Permit & Citation Office to obtain a replacement permit
for $1.00. If no old permit is presented, the regular
fee uill be charged.
J. Should a parking permit become mutilated or obliterated
in any way, a new permit must be obtained from the
University Permit & Citation Office. Uhen the remnants
of the old permit are presented, a replacement uill be
issued for $1.00.
K. The University Police Department offers escort service
upon request betueen dusk and daun to individuals
requiring transportation to and from dorms, academic
buildings and/or vehicles. To receive escort, request
in person at the University Police Department, or by
telephone at 568-2608.
The University Police Department also provides escort
24 hours a day to local hospitals for emergencies.
For further information on the escort service, call the
University Police. Department at 568-2608.
L. If a vehicle becomes disabled and cannot be parked in
its assigned area, it must be reported to the
University Police Department. The fact that the
vehicle is disabled uill be recorded and an officer
uill either render assistance or authorize temporary
parking. Temporary parking uill only be authorized for
24 hours or less. If parking for a longer period is
necessary it must be renewed at 24 hour intervals.
Temporary parking uill not be authorized in areas that
are not parking spaces (tou auay or no parking zones,
etc.) or in Handicap Parking.
M. A permit may not be displayed on a disabled vehicle.
For these purposes, a disabled vehicle is a vehicle
that has been disabled for more than three ueeks,
O. Services such as jump starts and unlocking vehicles are
offered by the University Police Department as time
permits. The University Police Department does not
change flats, push cars or perform any major automotive
service.
25
VEHICLE REGISTRATION
A. All faculty, staff, students (full or part-time), or
employees of private contractors assigned to Stephen F.
Austin State University property, uho operate a vehicle
on University property, regularly or occasionally, are
REQUIRED to obtain a parking permit. Vehicles may be
registered in the Permit 8 Citation Office at the
University Police Department between 7:30 a.m. and 5:00
p.m. Monday through Friday.
B. The registration of all vehicles operated on campus is
required, but registration in itself is no guarantee of
a parking space near the place uhere one uorks, resides
or attends classes. The responsibility of finding a
LEGAL parking space rests uith the vehicle operator and
lack of space is not a valid excuse for violations of
any parking regulations. Visitors will be provided
permits as required by Rule E, pg. 4.
C. A permit must be obtained for each academic year or
portion thereof.
D. Permits for the current academic year may be obtained
at any time during the academic year. Persons may
obtain permits for the next academic year beginning
July 1 for faculty, staff, and employees of private
contractors assigned to campus and August 1 for
students.
E. A permit roust be displayed on the vehicle no later than
the first University business day that the vehicle is
brought on campus.
F. A permit must be displayed as designated by the
University Police Department. Only the permit for the
current academic year should be displayed.
G. Vehicles owned by students may not normally be
registered in the name of a faculty or staff member.
5. Faculty, staff, or employees of private contractors
assigned to Stephen F. Austin State University campus
changing permit status or students changing permit
status or vehicles must obtain a new permit no later
than the first University business day after the change
takes place.
If an identifying portion of the original permit is
presented at the time of replacement, replacement
26
permits will be issued for $1.00 each. Otheruise the
regular fee will be charged. A vehicle should not be
sold uith the parking permit still displayed.
I. The permit holder is held responsible for all
violations. A citation is not excused on the plea that
another person uas driving the vehicle.
J. Pee for vehicle registration:
1. Faculty, Staff, or Private Contractor
a. Full Year First Vehicle $25.00
^ Second Vehicle 15.00
b. After Jan. 1 First Vehicle 15.00
Second Vehicle 10.00
c. Summer 3.00
2. Residence Hall
a. Full Year First Vehicle $15.00
Second Vehicle 10.00
b. After Jan. 1 First Vehicle 10.00
Second Vehicle 5.00
c. Summer 3.00
3. Units I, II, III and University Apartments
a. Full Year First Vehicle $15.00
Second Vehicle 10.00
b. After Jan. 1 First Vehicle 10.00
Second Vehicle 5.00
c. Summer 3.00
4. Commuters (Off Campus Residents)
a. Full Year $ 5.00
b. After Jan. 1 5.00
c. Summer 3.00
REQUIRED DISPLAY OF PERMIT
Registration is not complete until a current registration
permit is properly displayed as follous:
A* Proper Display
To be properly displayed, the permit must be
permanently affixed in the position listed belou for
vehicle type. Taping or clipping the permit is not
considered as permanent placement (except visitor
permit and temporary permit).
1. Pickups uith screens in rear uindous or campers,
convertibles, vehicles uith tinted rear glass or
27
rear uindou louvers must display an exterior
parking permit. Permit must be displayed in the
louer left-hand corner (driver's side) of rear
uindou or the left side of rear bumper.
2. Motorcycles must display an exterior permit.
Permit must be displayed uhere it can be seen
uithout difficulty.
3. All other vehicles must display a permit on the
inside, in the louer left-hand corner (driver's
side) of rear uindou.
4. Faculty and staff permits shall be displayed from
the rear vieu mirror in a manner to be visible
from both the front and rear of the vehicle.
Faculty and staff permits may be displayed on any
vehicle to be used by the permit holder.
B. Permit Not Transferable
A permit is not transferable from the person to uhora it
is issued. A student permit is not transferable from
the vehicle for uhich it is issued. Faculty, Staff, or
Private Contractor permits may be moved from one
vehicle to another and can be displayed on any vehicle
used by the permit holder. Resale of parking permits
is prohibited and uill be considered as a false or
fictitious permit.
TYPES OF PERMITS
A. Permanent Permits
1. Faculty, Staff, or Private Contractor
These permits are issued to full-time employees of
the University, to full-time employees of private
contractors assigned to the campus or as
authorized by the Chief of Police. These permits
designate a particular lot assignment. Holders of
this type of permit may use available faculty and
staff spaces outside their assigned lots to
conduct University business on a temporary basis.
These permits must be returned to the Permit &
Citation Office if employment on campus ceases.
2. Residence Hall
These permits are issued to students uho live in
residence halls. Holders of these permits may
28
park in any area designated as "Residence Hall"
parking or "All permit" area parking.
3. Units and University Apartments
These permits are issued to residents of Units I
11, and III, Starr, Garner, Old Raguet Neu
Raguet, Clark, and University Woods Apartments.
Holders of these permits may park in any area
designated as "Apartment" parking or "All Permit"
area parking.
4. Commuters (Students Not Living in University
Housing) 7
These permits are issued to students not livinq in
University housing or faculty, staff or students
uno uish to park in areas designated as "All
Permit" parking areas. Holders of these permits
may park in areas designated as "All Permit" area
parking.
B. Handicapped Permits
1. Handicapped Permits are issued by the County Tax
Assessor-Collector in the Nacogdoches County
Courthouse. J
2. Only vehicles displaying a Handicapped Permit may
park in "Reserved for Handicapped" parking spaces.
C. Temporary Permits
1- Substitute Vehicle
If a vehicle other than the vehicle registered
with the University roust be parked on campus a
temporary permit must be obtained at the Permit &
Citation Office no later than the first University
business day the vehicle is brought on campus
These permits are free of.charge to holders of
regular parking permits.
2. Short Term Vehicle
Operators not having a vehicle registered with the
University who need to operate a vehicle on campus
lor a short period of time nay purchase a
temporary permit for SI.00 per ueek. This permit
must be obtained at the Permit & Citation Office
29
no later than the first University business day
the vehicle is brought on campus.
3. Loading and Unloading Permit
A temporary permit may be obtained at no charge
for loading or unloading heavy equipment,
supplies, bulky class projects, etc., in an area
other than the area designated on one's regular
permit. These permits may be obtained at the
Permit & Citation Office.
4. Temporarily Disabled Permit
A temporary permit may be obtained to allow
persons who are temporarily disabled to park in
areas other than the area designated on one's
regular permit. Applications for this permit must
be accompanied by a medical form available at the
Permit & Citation Office. Parking assignments
uill be made in keeping uith available resources.
D. Visitor Parking
Visitors should obtain a "Visitor Permit" from the
Permit and Citation Office or Infornation Booth and
display it on their vehicle uhile parking on campus:
There is no charge for this permit*
E. Bicycle Permits
The University does not require bicycles to be
registered, however, the University Police Department
encourages bicycle owners to obtain a bicycle permit
for identification purposes. There is a $1.00 charge
for this permit.
PARKING REGULATIONS
A. The University reserves the right to enforce parking
and traffic regulations:
1. through the issuance of citations and the
collection of fees for offenses.
2. through the impoundment of vehicles in place or
the removal by towing of vehicles interfering with
30
the movement of vehicular or pedestrian traffic or
involved in specified parking offenses.
3. by the suspension or revocation of permits for
repeated offenses.
4. by barring re-admission of any student for
non-payment of outstanding fees.
5. by withholding a student's official transcript and
diploma.
6. by other such methods as are commonly employed by
city or state police in the control of traffic.
B. Responsibility for finding authorized parking space
rests with the motor vehicle' operator.
C. Parking areas are designated by metal signs. These
signs indicate the type of permit holder for which the
area is reserved. Certain lots are reserved for permit
holders assigned to that lot only.
D. Parking areas are generally reserved for the type of
permit holder indicated by signs from 6:00^ a.m. to 4:00
p.m., Monday through Friday, except as otherwise
designated.
E. Unpaid charges for parking offenses are recorded in the
name of the person uho has registered the vehicle uith
the University Police Department or in the name of the
person in whose name the vehicle is registered uith
some official state motor vehicle registration
department or agency.
NOTE: If a student has the same family name and/or
home address as the registered owner, then' the
unpaid charges on non-permitted vehicles will be
recorded in the student's name-
F. A physically disabled person uith a temporary "Special"
permit may park only in those areas specified on the
permit by the Permit & Citation Office*
G. Several curb-side spaces, regardless of the type area
in uhich they are located, are reserved 24 hours a day,
seven (7) days a week for holders of "Handicapped"
permits.
H. Several curb-side spaces regardless of the type area in
which they are located, are reserved 24 hours a day,
31
seven (7) days a ueek for service vehicles. Residence
Hall Directors, or as loading zones.
I. Several curb-side spaces too small for conventional
vehicles have been designated for motorcycles by curb
markings. Spaces so marked are for two-wheeled motor
vehicles only.
J. Certain parking spaces have been designated as "20
minute"parking spaces. These spaces are so designated
to provide short-term parking for business access to
the post office, University Center offices and other
designated areas. Overparking in these spaces is
prohibited. Citations may be issued for each 21 minute
segment of overparking.
K. All vehicles, except motorcycles, must park head-in and
uithin a defined space in lots and streets having angle
or head-in parking.
L. Vehicles are prohibited at all times from parking in
reserved spaces without a proper permit, no parking
2ones, tow-away zones, fire lanes, crosswalks, loading
. zones or service driveways, on lawns, curbs or
sidewalks, barricaded areas or in any manner which
obstructs the flow of vehicular or pedestrian traffic.
M. Students, faculty, staff and employees of private
contractors assigned to Stephen F. Austin State
University are expected to be familiar with and abide
by these regulations at all times. The fact that a
certain citation is not issued when a vehicle is
illegally parked does not mean or imply that the
regulation or law is no longer in effect.
N. The responsibility for obtaining knowledge of all laws
and regulations in force rests with the motor vehicle
operator.
VIOLATIONS AND ENFORCEMENT OF PARKING REGULATIONS
A. General Violations
1. Parks a vehicle displaying a valid permit, but in
violation of lot or area assignment
Fee: $6.00 plus impounding fee if vehicle is
impounded in place
32
ABOVE PARKING CONTROL WILL APPLY FROM 6:00 A.M. TO 4:00
P.M., MONDAY THROUGH FRIDAY.
2. Parks backwards in a parking space
Fee: S6.00
3. Pails to properly display a valid parking permit
Fee: S6.00 plus impounding fee if vehicle is
impounded in place and vehicle roust be
registered if owner or operator is faculty,
staff, student, or employee of a private
contractor assigned to campus.
4. Does not park properly within the lines of a
parking space.
Fee: $6.00
ABOVE PARKING CONTROLS WILL APPLY 24 HOURS A DAY, SEVEN
(7) DAYS A WEEK.
5. Parks in a space designated "20 minute parking"
for more than 20 minutes
Fee: S6.00 plus impounding fee if vehicle is
impounded in place. A citation may be issued
for each 21 minute segment of overparking.
ABOVE PARKING CONTROL WILL APPLY FROM 6:00 A.M. TO 4:00
P.M., MONDAY THROUGH FRIDAY*
Flagrant Violations
1. Parks in a reserved space without displaying a
proper permit.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tow fee if vehicle
is removed by tow away.
2, Parks a vehicle in a no parking 2one.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tow away.
33
3. Parks in any manner which obstructs vehicular
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
4. Parks in any manner which obstructs a crosswalk.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
Parks in a fire lane.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
6. Parks in a tou auay 2one.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
7. Parks in a loading zone or service driveuay.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
8. Parks on a laun, curb, sideualk or other area not
set aside for parking.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
9. Parks on campus while parking privileqes are
suspended.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
Moves any barricade or parks uithin any barricaded
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
10.
area.
34
11. Uses a forged, altered, false or fictitious
permit.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
12. Falsifies or alters vehicle registration
information.
Fee: S12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
13. Parks in a "Reserved for Handicapped" parking
space uithout displaying a proper permit.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
14. Parks in violation of the directions of a Traffic
Control Officer.
Fee: $12.00 plus impounding fee if vehicle
is impounded in place or tou fee if vehicle
is removed by tou auay.
ABOVE PARKING CONTROLS MILL APPLY 24 HOURS A DAY SEVEN
(7) DAYS A WEEK.
C. Citations for Parking Violations
1. Citations uill be issued to vehicles for violation
of parking regulations. '
2. Fees for parking violations may be paid in person
at the University Permit & Citation Office located
in the University Police Department Building
betueen 7:30 a.m. and 5:00 p.m. Monday through
Friday or mailed to:
University Permit & Citation Office
P.O. Box 13062 SFA
Nacogdoches, Texas 75962
D. Impoundment in Place
1. A vehicle may be impounded in place if:
a. it is engaging in a violation; or
35
b. the owner or operator violates the terms of a
conditional release.
2. A vehicle impounded in place shall be released if:
a. the owner or operator pays for all
outstanding citations on the vehicle plus a
fee of $7.50.
b. the University Chief of Police authorizes the
release of the vehicle.
3. Fees for impoundment in place, must be paid in
person at the Permit and Citation Office between
7:30 a.m. and 5:00 p.m. Honday through Friday or
the Police Dispatch Office after 5:00 p.m. and on
Saturday and Sunday.
E. Tou Away
1. A vehicle impounded in place may be towed away if:
a. disposition of all citations for the vehicle
is not made within three (3) days of the
impoundment;
b. the owner or operator removes or attempts to
remove the impounding equipment attached to
the vehicle.
2. A vehicle may be towed away if the owner or
operator:
a. parks in any manner which obstructs vehicular
traffic;
b. parks in any manner which obstructs a
crosswalk;
c. parks in a loading zone or service driveway;
d. parks in a no parking 2one;
e. parks in a fire lane; '
f. parks in a tou away zone;
g* parks on campus while parking privileges are
suspended;
h. moves any barricade or parks in any
barricaded area;
i. parks in a reserved space without displaying
proper permit;
j. parks in a "Reserved for Handicapped" space
uithout displaying a proper permit;
k. violates the terms of a conditional release;
1. parks in violation of the directions of a
Traffic Control Officer; or
n. is engaging in a violation and has been
previously impounded during the current
academic year.
36
3. A vehicle that has been removed by tow auay shall
be released if:
a. the ouner or operator of the vehicle pays the
fees for all outstanding citations on the
vehicle plus a commercial urecker service fee
of $30.00 and storage charges of S3.00 per
day after the first 48 hours; or
b. the University Chief of Police authorizes the
release of the vehicle.
4. When the removal of a vehicle has been authorized
and the ouner or operator of the vehicle appears
at the vehicle after the urecker has arrived and
the urecker driver has made a hook-up or signed
the tou order for custody of the vehicle, the
vehicle shall not be toued auay if the ouner or
operator:
a. presents proof of the proper disposition of
all outstanding citations on the vehicle;
b. pays the urecker driver a fee of S10.00 in
lieu of touing; and
c. agrees to move the vehicle.
5. When the removal of a vehicle has been authorized
and the ouner or operator appears at the vehicle
before the arrival of the urecker, the vehicle
shall not be toued if the cuner or operator:
a. presents proof of the proper disposition of
all outstanding citations on the vehicle; and
b. agrees to move the vehicle.
6. No vehicle may be toued auay uithout the express
authority of the University Chief of Police-or his
designated representative. *
7. Fees for tou auay must be paid in person at the
Permit and Citation Office between 7:30 a.m. and
5:00 p.m. Monday through Friday or the Police
Dispatch Office after 5:00 p.m. and on Saturday
and Sunday.
F. Suspension of Parking Privileges
1. Traffic and Parking Regulations are rules and
regulations adopted by the Board of Regents under
the authority of the Education Code. All vehicles
operated on the properties of the University are
required by lau to comply uith University Rules
and Regulations.
37
Notices of parking violations constitute a
smrpen. ion of parking privileges and any fee
assessed is for reinstatement of parking
privileges for operators of vehicles registered
with the University.
All violations involving registration of vehicles
operated on the properties of the University are
violations of the law and University Rules and
Regulations. Disposition of. these citations at
the University is a privilege extended by the
University which may be withdrawn at the
University's option.
Violation of University Traffic and Parking
Regulations is a misdemeanor punishable by a fine
of up to $200.00.
Any parking violation may be filed in a Justice or
Municipal court as a violation of University Rules
and Regulations.
2. Violation of suspension of parking privileges
shall result in impoundment in place or removal of
the vehicle by tou away.
G. Appeal of Citation
If a person receives a citation and believes it is
unwarranted, he or she may enter a plea of not guilty
at the University Police Department. All pleas must be
entered at the University Police Department within
seven (7) class days of the date of the citation.
Appeal forms and other information may be obtained at
the Permit & Citation Office in the University Police
Department.
Student citations shall be appealed through the Student
Traffic Appeals Board. Faculty and staff citations
shall be appealed through the Faculty/Staff Appeals
Board.
BICYCLE REGISTRATION AND REGULATIONS
A. Registration
1. The University does not require the registration
of bicycles, however, owners are encouraged to
38
have bicycles marked for identification purposes
at the University Police Department.
a. The University Police Department will record
bicycle serial number and description and
issue a bicycle permit for a SI.00 charge; or
b. The University Police Department uill record
bicycle serial number and description and
make available an engraving tool to mark
bicycles for identification. There is no
charge for this service.
B. Regulations
1. Every person operating a bicycle on University
property must give the right-of-uay to pedestrians
at all times, keep to the right of the roaduay and
obey all traffic signals.
2. Bicycles may not be parked on sidewalks or in
University buildings at any time. Bicycles are to
be parked in bicycle racks or chained to light
poles or other stationary structures. Bicycles
may not be left on porches or walkways and may not
be chained to trees, shrubs, art objects,
handrails or stairways.
3. Bicycles parked in violation may be impounded and
removed to the University Police Department and a
S5.00 fee charged for release.
TRAFFIC REGULATIONS
A. Speed Limits: The speed limit within the campus^area
is 20 MPH unless otherwise posted,
except the speed limit for all parkinq
lots is 10 MPH.
B. Moving Violations: All vehicles driven on SFASU
property are subject to all
University traffic regulations.
State of Texas Motor Vehicle Codes
and City of Nacogdoches Motor
Vehicle Laws. Moving violations
may be issued on a City of
Nacogdoches Traffic Citation or
filed in the office of the Justice
of the Peace Precinct HI.
39
C. Right-of-lday: Pedestrians have the right-of-way at all
marked crosswalks. Motor vehicle
operators roust yield the right-of-way to
pedestrian traffic in marked crosswalks.
UNIVERSITY POLICE
The governing board of Stephen F. Austin University is
authorized to employ campus police personnel. Such officers
are coraraissioned as peace officers and are vested with all
powers, privileges and immunities of peace officers in the
performance of their duties.
All persons on University property are required to identify
themselves to such officers when requested. Failure to
produce identification upon request of an officer may result
in arrest and appearance before a magistrate.
The University Police shall be vested uith the authority to
refuse to allow persons having no legitimate business to
enter upon any property under the control and jurisdiction
of Stephen F. Austin State University and to eject any
unauthorized persons from said property upon their refusal
to leave peaceably upon request.
The University Police are authorized to enforce the Texas
Motor Vehicle Code, the Texas Penal Code, the applicable
Ordinances of the City of Nacogdoches, the parking and
traffic regulations of the University and all other laws.
All accidents, thefts, and other offenses that occur on
University property or anywhere within the campus area
should be reported to the University Police immediately.
Accident reports should be made prior to moving vehicles.
One vehicle accidents should also be reported. ALWAYS KEEP
YOUR VEHICLE LOCKED. The University Police are anxious to
assist any student, faculty or staff member, or visitor at
anytime. The University Police Number is 568-2608.
FOR EMERGENCIES
40
SPASU Police * 568-2608
IMPORTANT TELEPHONE NUMBERS
Campus Operator
SPA Health Clinic
University Police Department Administrative
Numbers
Permit & Citation Office
Nacogdoches Fire Department
Nacogdoches Police Department
Highuay Patrol
Ambulance
Memorial Hospital
Medical Center Hospital
*
*
*
*
*
*
*
Dial "0"
568-4008
568-2613
568-2617
568-2607
568-2615
568-2616
564-4621
564-0404
560-7777
564-1173
564-4611
569-9841
* Numbers on Campus Centrex - Dial last four digits only if
calling from an on-campus phone.
SURVIVED FOR
41
City of Nacogdoches ^-1-
All that certain tract or parcel of land lying and being situate
in the City of Nacogdoches, Nacogdoches County, Texas, beiny Part of
LOT 3, City Block 54 and a 88.275 acre tract described in a conveyance
(condemnation) from Ed Hogan, et al to SFASU, dated July 11, 1969
and being more particularly described as follows:
DEGINNING at a \m iron rod set for corner on the NBL of said
Lot 3 and 88.275 acre tract and the SBL of Pinecrest Subdivision
(recorded in Vol. 2, Pg. 49 of the Map and Plat Records of
Nacogdoches County, Texas,),said beginning corner being S85 37I19"E,
537.62 feet from the SWC of Pinecrest Subdivision!
THENCE S85 37'19"E, 100.00 feet with the NBL of said Lot 3 and
88.275 acre tract and the SBL of Pinecrest Subdivision to a \n iron
rod set for corner on the West margin of a pipeline;
THENCE S21 39*16"E, 168.54 feet vith the West margin of said
pipeline to a %m iron rod set for corner; . .
THENCE N79 06M5MW, 175.10 feet to a fs" iron rod set for corneri
THENCE N04 22f41"E, 131.57 feet to place of BEGINNING, containing
0,44 acres.
ACCESS ROAD EASEMENT TO WATER TOWER SITE
THERE IS conveyed a 30 foot access easement adjacent to, parallel
vith, and 15 feet both sides of the following described centerlinet
BEGINNING at a point S04 22I41"W, 15.00 feet from the NWC of the
above described tract;
THENCE as followsj
N85 37'19*W, 462.62 feet;
Southerly, 117.81 feet vith a curve to the left having a
central angle of 90 OO'OO", a radius of 75.00 feet, and a chord of
S49 22'41"W, 106.07 feet;
S04 22'41-W, 59.84 feet;
Southerly, 130.59 feet vith a curve to the right having a
central angle of 59 49*51", a radius of 125.06 feet and a chord of
S34 17'37-W, 124.74 feet to the centerline of a existing asphalt
drive.
I, Steve Roan, a duly registered public surveyor for the state
of Texas do hereby certify that the above field notes are true and
correct and are a result of a survey done by me on the ground this
16th day of April, 1986. ANY USE OR CHANGES IN THESE FIELD NOTES BY
OTHER PARTIES SHALL BE AT THEIR RISK AND THE UNDERSIGNED IS NOT
RESPONSIBLE FOR DAMAGES RESULTING THUS FROM.
R.P.S. No. 2043
WATER LINE EASEMENT FROM WATER TOWER SITE TO UNIVERSITY DR1vE
SURVEYED FOR
42
City of Nacogdoches
30 FOOT PERMANENT WATER LINE EASEMENT
LOT 3, CITY BLOCK 54
situate" ?nWer^in 3° f°Ot V3ter line ea"mcnt lying and being
ot tne following described
or
Lot 3^flfl°,^ 3 P°Int 15 fe?t P"Pe"dicular fron. the NBL of said
C l'lll ^"1"^ ^ the SBL Of PI^««t Subdivision
"bdiviston, " 22'41"W« 1S-00 f«t from the SWC of Pinecrest
S
* th. following9
UnJvnr-^^ t a.P°int53 fcet adJa«nt to. parallel vith and
10 feet perpendxcular from the NBL of Lot 2B and 36.25 acre tract
to a angle pointfsta.33*08.46) on the HBL of Lot 2B and 36.25 acre
tract, being also on the EBL of Lot 33 and 209.35 acre tract,
10 fI"PICEN66 00'26-W, 122.06 feet to a angle pointfsta. 34+30.52)
SPCnf1CUiaf acre
'S J f°i be'"9S00 19'13-H 1000
tract /?SPnf1CUiaf fr°m the NBL og said ^ot " a"d 209.35 acr
1 395'iS H. 10.00 feet and S89 40'47-E,
II'ccrrll ttccooccttll ^ m°St Horth#rl* NHC ot Lot 33 and 209.35
and ]"'a'""N89 "0'47-M, 1,395.70 feet adjacent to. parallel with
a2r* fr ? .Perpe"dIC?lar ttOm the NBL ot said L°t 33 and 209.35
acre tract to a point(sta. 48+26.22) on the East margin of Raguet
of tI**1 h«% k' -y "9lstered Public surveyor for the state
lirrl t ? y certlfy that the above field notes are true and
??5k 5 °nd are a result of a sufvey done by me on the ground this
OTurBd=LSf M8y' 1986> ANY USE 0R CHANGES IN THESE FIELDHOTES BT
RlspLst«7r pnf"n»L BE ^ ™EIR RISK AND THE "NDERSIGNED IS NOT RESPONSIBLE FOR DAMACES RESULTING THUS FROM. •
WEST OF UNIVERSITY TO RAGUET
SURVEYED FOR
44
City of Nacogdoches
* CONSTRUCTION EASEMENT
LOT 2B, BLOCK 54 and LOT 33, BLOCK 50.
All that certain 30 foot construction easement lying and being
situate in the City of Nacogdoches, Nacogdoches County, Texas on and
across LOT 2B, BLOCK 54 and LOT 33, BLOCK 50, being also on and across
a 209.35 acre tract described in a conveyance fron E. H. Blount to
The State of Texas, dated September 6, 1917, recorded in Vol. 99,
Pg. 617 of the Deed Records of Nacogdoches County, Texas and a 36.25.
acre tract described in a conveyance from Oscar B. Slay to The State
of Texas, dated October 11, 1937, recorded in Vol. 1<5, Pg. 553 of
the Deed Records of Nacogdoches County, Texas and being adjacent to,
parallel with and 10 feet right of and 20 feet left of the following
described centerlinej
BEGINNING at a point(sta. 25*50.93) on the Kest R.O.W. of University
Dr., said beginning point being S05 03'06"W, 10.00 feet and S84 56*54ME
747.53 feet from the NWC of Lot 2B and 36.25 acre tract;
THENCE N84 56*54"W, 757.53 feet adjacent to, parallel with and
10 feet perpendicular from the NBL of said Lot 2B and 36.25 acre tract
to a.angle point(sta. 33*08.46) on the WBL of Lot 2B and 36.25 acre
tract and the EBL of said Lot 33 and 209.35 acre tract;
THENCE N66 OO.'26-W, 122.06 feet to a angle point(sta. 34*30.52)
10 feet perpendicularly from the NBL of said Lot 33 and 209.35
acre tract, said point being S00 19#13"W, 10.00 feet and S89 4QI47"E,
1395.70 feet from the most Northerly NWC of Lot 33 and 209.35 acre
tract;
THENCE N8.9 40*47"W, 1,395.70 feet adjacent to, parallel vith,
and 10 feet perpendicular from the NBL of said Lot 33 and 209.35
acre tract to a point(sta. 48*26.22) on the East cargin of Raguet
St•• * •
I« Steve Roan, a duly registered public surveyor for the state
of Texas do hereby certify that the above field notes are true and
correct and are a result of a survey done by me on the ground this
27th day of May, 1986. ANY USE OR CHANGES IN THESE FIELD NOTES BY
OTHER PARTIES SHALL BE AT THEIR RISK AND THE UNDERSIGNED IS NOT
RESPONSIBLE FOR DAMAGES RESULTING THUS FROM,
yC^Trao* —
R.P.S. No. 2043
THE STATE OF TEXAS $ a c
5
COUNTY OF NACOGDOCHES 5 • .
REAL ESTATE SALE-PURCHASE CONTRACT
THIS CONTRACT OF SALE AND PURCHASE ia made by and between
the COMMERCIAL NATIONAL BANK IN NACOGDOCHES, • TEXAS, INDEPENDENT*
EXECUTOR OF THE WILL AND ESTATE OF MAMIE ETHEL BLOUNT TUCKER,
DECEASED, and the COMMERCIAL NATIONAL BANK IN NACOCDOCHES, TEXAS,
TRUSTEE OF THE EDWARD BLOUNT TUCKER TRUST (hereinafter referred
to as "SELLERS") ■ a'nd STEPHEN F. AUSTIN STATE UNIVERSITY,' of
Nacogdoches County, Texas (hereinafter referred to as
"Purchaser").
ARTICLE I
SALE AND PURCHASE
Land Described
1.01 Subject to the terma and condition* hereinafter set
forth, Sellers shall sell to Purchaser and Purchaser shall
purchase from Sellers the following described land aod
improvements thereon situated in Nacogdoches County, Texas:
All that certain tract or parcel of land lying and being
situate in the City of Nacogdoches, Nacogdoches County, Texas
JElL,.ve!% pa5C.«?f a H2.5-acr€ tract (now called LOT NO.
TWENTY-EIGHT (#28) IN BLOCK NO. FIFTY "(#50) OF THE CITY OF
NACOCDOCHES) described as Second Tract in deed from B.sT Vet-termark
et ux to J.J. Hayter, dated January 28, 1904, recorded
In Volume 53, Page 173 of the Deed Records Nacogdoches County,
Texas and more particularly described as follows:
BEGINNING at a point for corner in the East margin of Raguee
vCreeCfc /«??, .Vh»ch fl 3/A" iron P{Pe found benC for witness
c£rr%S 8? \\lV E !'77 feet» said be?inning corner being the
SWC of a 4.57-acre tract described in deed from Etta Fay Hinds
to Cecil R. Bomar et ux, dated September 14, 1957, recorded in
Volume 270, Page 254 of the Deed Records Nacogdoches County,
Texas; J'
THENCE S 89*21'11M E with the SBL of said 4.57-acre tract, at
1.77 feet pass a 3/4" iron pipe found for witness, and a total
distance of 1,164.73 feet to a 1/4" iron rod found for corner
at the SEC of said 4.57-acre tracts
THENCE N 89#44'22" E at 251.87 feet pass a 3/8" iron rod set
for witness from which a 6" Pine marked "X" bears S 65* E 7.3
feet and a total distance of 291.87 feet to a point for corner
in the centerline of the existing channel of LaNana Creek, from
wjjxch a 1/2" iron rod found for witness bears N 89*44#22" E
30.00 feet, said corner being the NWC of a 5.34-acre tract
described as Second Tract in a deed from Mamie Blount Tucker to
Byron McCough, dated October 1, 1984,. recorded in Volume 545,
Page 189 of the Real Property Records Nacogdoches County.
Texas} . .• "
46
^Vi^uSi "/"".I1"*6,/01 thC exIscInS channel of LaNana
and the WBL of said 5.34-acre tract as follows:
S 00*35*24" W 176.83 feet:
S 05'18'45" E 518.79 feet|
« 16'29'38" E 47.50 feet fro a point for corner at che
1 v r l j centerline of the existing channel of
*»!! A* ? * e old bed of LaNana Creek from which a 3/8"
iron rod found for witness bears N 88#40*00M E 20.00 fee' said
oTTic) Vf ^ SWC Oi, "" 5.34--ic« tract and being in'. w5l
or a n,)o-acre trace (called Part of Lot 1-A. f^ock 54 of <5a(H
City described in a deed from Dan Hinds et alto Green Vallly
Volume^' pV/°r^7OnV dttedt> SePCember U> ^84, recorded iJ[ volume 542, Page 247 of the Real Property Records Nacogdoches
County, Texas and also being in the EBL of said 112?5?ac"
THENCE with Che WBL of said 19.56-acre tract, the EBL of said
Cr1ek"*n5erfc **°\ il* C\e "nt«llne °* ="« old bed of LaNana
Creek and the existing channel of LaNana Creek as followsi
IIV41'" co ■ p°lnt for
S 69 26 00* E 16.55 feet to a point for cornet at the
Intersection of the old creek bed andP the existing channel of
S 6a9-a26'0e0e»k £r°7nWn\1CV 3/8" H0" f°d f°Und for "^ness bears
2 53 -et. V * 2a°'°° Jliieruei'nafter called the ComPanV. f°r value does hereby guarantee to the
Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to he
estate or interest in the land described or referred to in this policy.
h.Klf 9reater amount tnanthe actual monetary loss of this Insured, and in no
So n opany be liable for more than the amount shown in Schedule A hereof, and shall, except
nf Hoh? nth!' ,8t, ' 3t T °Wn C°.St defend the lnsured in evefy action or Proceeding on any claim against,
or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or in the land
as hereby guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded bv
Paragraph 2, Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof The
party or parties entitled to such defense shall within a reasonable time after the commencement of such
action or proceeding, and in ample time for defense therein, give the Company written notice of the
pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such
adverse interest claim, or right shall have been held valid by a court of last resort to which either litiqant
may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the whole liability
limited above as shall bear the same ratio to the whole liability that the adverse interest, claim or riant
established may bear to the whole estate or interest in the land, such ratio to be based on respective values
determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved
from all liability with respect to any such interest, claim or right; provided, however, that failure to notify
shaN not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding
nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure. .
Upon sale of the estate or interest in the land, this policy automatically thereupon snail become a
warrantor s policy and the Insured shall for a period of twenty-five years from date hereof remain fully
protected according to the terms hereof, by reason of the payment of any loss, he, they or it may sustain on
account of any warranty of title qontained in the transfer or conveyance executed by the Insured convevinq
the estate or interest in the land. The Company shall be liable under said warranty only by reason of
defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the
exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this
policy.
In Witness Hereof, SAFECO Title Insurance Company has caused this policy to be executed by its
President under the seal of the Company, but this policy is to be valid only when it bears an authorized
countersignature, as of the date set forth in Schedule A.
Secretary
OWNER POLICY OF TITLE INSURANCE
President
Texas Form T-1 (Rev. 3-1-85)
SAFECO Stock No. TXT-0001 (Rev. 3-85)
65
CONDITIONS AND STIPULATIONS
1. Definitions
The following terms when used in this policy mean:
(a) '•land11: The land described, specifically or by reference, in Schedule A. and improvements affixed thereto which by law
constitute real property. J
(b) "public records": Those records which impart constructive notice of matters relating to the land
(c) "knowledge": Actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
(e) "Insured": The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against
he named Insuredorany person or entity who succeeds to the interestof such named Insured byoperationof law as distinguished
from purchase, any person who succeeds to the interest of such named Insured by operation of law as distinguished from
purchase including but not limited to the following:
(i) heirs, devisees, distributees, executors and administrators;
(ii) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of
such corporation upon partial or complete liquidation;
(iii) the partnership successors in interest to a general or limited partnership which dissolves but dos not terminate;
(iv) the successors in interest to a general or limited partnership resulting from the distribution of the assets of such
general or limited partnership upon partial or complete liquidation;
(v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon
partial or complete liquidation;
(iv) the successor or substitute trustee of a trustee named in a written trust instrument; or
(vii) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to
the beneficiaries thereof.
2. Exclusions from the Coverage of this Policy
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
(a) LACK OF ADEQUATE TITLE IN THE INSURED PROPERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR
MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPURTUNITY OR ECONOMIC EXPECTATION.
(b) Governmental rights or police power or eminent domain unless notice of the exercise of such rights appears in the public
records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persors, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or
to any land extending from the line of mean low tide to the line of vegetation or to lands beyond the line of the harbor or bulkhead
lines as established or changed by any government, or to filled-in lands, or artificial islands" or to riparian rights, or the rights or
interest of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or
their right of access thereto, or right of easement along and across the same.
(dj Defects, liens, encumbrances, adverse claims, or other matters (1) created, suffered, assumed or agreed to by the
Insured; (2) not known to the Company and not shown by the public records but known to the Insured either at the date of this policy
or at the date the Insured acquired an estate or interest insured by this policy and not disclosed in writing by the Insured to the
Company prior to the date such Insured became an Insured hereunder; (3) resulting in no loss or damage to the Insured; (4)
attaching or created subsequent to the date of this policy; (5) resulting in loss or damage which would not h^ve been sustained if
the Insured had paid value for the estate or interest insured by this policy; or (6) the homestead or community property or
survivorship rights, if any, of any spouse of any Insured."
3. Defense and Prosecution of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the
Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option,
the name of the Insured for such purpose.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or
proceeding, and such counsel shall have complete control of said defense.
(c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding
or to do any other act which in its opinion may be necessary oi desirable to establish the title to the estate or interest as insured,
and the Company may take any appropriate action under the terms of the policy, whether or not it shall be liable thereunder, and
shall not thereby concede liability or waive any provision of this policy. When, after the date of the policy, the Insured notifies the
Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land
insured by this policy which is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate
such charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The
Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the
Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
(Conditions and Stipulations Continued and Concluded on Last Page of this Policy)
SAFECO Stock No. TXT-0001 (Rev. 3-85)
66
CONDITIONS AND STIPULATIONS
(Continued and Concluded From Reverse Side of Policy Face)
rJdthpr Pol«cy. or was otherwise addressed in the closing of the transaction in connection with which this policy was
ien encumb?amnPany SHhallspe(?lflcaI|y advjse the lnsu^ of the reasons for its determination. If the Company concludes haUhe
lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions- (1) institute he
,ndCpemSafrythPr°,Ce h9S t0 dear the liGn' encumbrance' adve^ ^aim or defect from the title to'he estate as insured 2)
urrent'LurVc^n t aShPr°Vlded jn this polic^ <3> upon payment of appropriate premium and charges therefor, is ue to he
current Insured o to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy o*
title insurance without except.on for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equaUo Ihe
SenIaUe? T ^^ ^ " * ™^** >olic*> the amoun* of ^ 'oan; (4) indemnify another title insurance company in
f 3 pollcy(ies> of title insurance wj^ut exception for the lien, encumbrance, adverse claim or
r d°CUment dlSChar9in9 ^ ^ b ^ "■"" or defect; or (6, undertaKe a
nrhVerthe C°mpany ShaN have brought any action or ^terposed a defense as required or permitted by the provisions
py, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order
(e) Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or
proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or
proceeding, and the Company shall reimburse such insured for any expense so incurred.
(f) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both shall not be
construed as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any
claim or suit without written consent of the Company. " y y
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of
the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge
or hen on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured
against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the
Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the
payment or tender of payment of the full amount of this policy by the Companysha.il terminate all liability of the Company under this
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the Insured against
any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect such right of subrogation, 7*nd shall permit the
Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. '
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any
statement in writing required to be furnished the Company, shall be addressed to it at:
SAFECO TITLE INSURANCE COMPANY
National Claims Department
P.O. Box 2233
Los Angeles, California 90051
6. THIS POLiCY IS NOT TRANSFERABLE.
COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM
THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE
POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE TO THE STATE BOARD OF
INSURANCE, DEPARTMENT C, 1110 SAN JACINTO BLVD., AUSTIN, TEXAS 78786. THIS NOTICE OF
COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR
CONDITION OFTHIS POLICY.
OWNER POLICY OF TITLE INSURANCE
Texas Form T-1 (Rev. 3-1-85)
SAFFCO Stnr.k Nln TYT.nnm /Rpv 3-P5\
67
SCHEDULE A
File No: GF# 86-816
Amount: $ 775,000.00 Date of Policy: July 22, 1986, at 8:51 o'clock
Name of Insured: BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, a
coeducational institution of higher education of the STATE
OF TEXAS.
am
1. ...» B».*ie or .nieresi m me wnn in«.,™i hw twc ^n.w !e. «M .:„„.. leasehold, easement, etc. - identify or
Fee Simple
2. The land referred to in this policy is described as follows:
( DESCRIBED ON RIDER ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT A )
NACOGDOCHES ABSTRACT AND TITLE CO., INC.
SCHEDULE A
Texas Form T-1, Owner Policy (Rev. 3-1-76)
TXT-1A (Rev. 9-79)
68
SCHEDULE B
File No. 86-816
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases and
easements, if any, shown in Schedule A, and to the following matters which are additional exceptions from
the coverage of this policy:
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or state "None of Record"):
None of Record
2.. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements.
3. Taxes for the year 19-g^— and subsequent years, and subsequent assessments for prior years due to
change in land usage or ownership.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or
evidencing said lien(s):
( DESCRIBED ON RIDER ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT B )
SCHEDULE B
Texas FormT-1-B (Rev. 3-1-83) Owners Policy
SAFECO Stock No. TXT-1B (Rev.«3-1-83) SAFE CO
EXI1IIHT A "■*• 6 9
All tli.'it iimI.iIii ( t .lit im | ■.-11 t * • • I u| l.iml I y I M)», Mini lie In;',
nllu.'itf In I ln« (lily iil( N.'ii'D/nlni'licfi, N.*i«-f >>*.* h m- Im*ii ilniinl y, Tux/iii
mik! Iiriii/.', p/irl ol ,i I I y, S Miii* I r.-i«i dinw imIIimI I.OT No.
TWKNTY-lilC'HT (#28) IN BLOCK NO. KI KTY (K'jO) Ul- Till* CITY OF
NACOGDOCHES) described as Second Tract in deed from B.S. Wet-termark
et ux to J.J. Hayter, doted January 28, 1904, recorded
in Volume 53, Page 173 of the Deed Records Nacogdoches County,
Texas and more particularly described as follows:
BEGINNING at a point for corner in the Hast margin of Raguet
Street, from which a 3/4" iron pipe found bent for witness
bears S 89*21'll" E 1.77 feet, said beginning corner being the
SWC of a 4.57-acre tract described in deed from Etta Fay Hinds
to Cecil R. Bomar et ux, dated September 14, 1957, recorded in
Volume 270, Page 254 of the Deed Records Noco&doches County,
Texas;
THENCE S 89'2ril" E with the SBL of said 4.57-acre tract, at
1.77 feet pass a 3/4" iron pipe found for witness, and a total
distance of 1,164.73 feet to a 1/4" iron rod found for corner
at the SEC of said 4.57-acre tract;
THENCE N 89°44'22M E at 251.87 feet pass a 3/8" iron rod set
for witness from which a 6" Pine marked "X" bears S 65V E 7.3
feet and a total distance of 291.87 feet to a point for corner
in the centerline of the existing channel of LaNana Creek, from
which a 1/2" iron rod found for witness bears N 89°44'22" E
30.00 feet, said corner being the NWC of a 5.34-acre tract
described as Second Tract in a deed from Mamie Blount Tucker to
Byron McGough, dated October 1, 1984, recorded in Volume 545,
Page 189 of the Real Property Records Nacogdoches County,
Texas;
THENCE with the centerline of the existing channel of LaNana
Creek and the WBL of said 5.34-acre tract ;.is follows s
S 00*35'24" W 176.83 feet;
S 05#18'45" E 518.79 feet;
S 16*29 '38"' E 47.50 feet to a point for corner at the
intersection of the centerline of the existing channel of
LaNana Creek and the old bed of LaNana Creek from which a 3/8"
iron rod found for witness bears N 88°40'00" E 20.00 feet, said
corner being the SWC of said 5.34-acre tract and being in a WBL
of a 19.56-acre tract (called Part of Lot 1-A, Block 54 of said
City) described in a deed from Dan Hinds et al to Green Valley
Development Corporation, dated September 14, 1984, recorded in
Volume 542, Page 247 of the Real Property Records Nacogdoches
County, Texas and also being in the EBL of said 112.5-acre
tract;
THENCE with the WBL of said 19.56-acre tract, the EBL of said
112.5-acre tract and the centerline of the old bed of LaNana
Creek and the existing channel of LaNana Creek as follows:
S 88*40'00" W 46.54 feet to a point for corner;
S 25*34'00" E 201.07 feet to a point for corner;
S 69-26'00" E 16.55 feet to a point for corner at the
intersection of the old creek bed and the existing channel of
LaNana Creek from which a 3/8" iron rod found for witness bears
S 69*26'00" E 20.00 feet, said corner being the NWC of a
2.53-acre tract described as First Tract in the said deed re
corded in Volume 545, Page 189;
THENCE S 16*29*38" E 233.60 feet with the WBL of said 2.53-acre
tract and the centerline of the existing channel of LaNana
^ •—■■'••••••■- - ••—■ ■ ""'"^^^ 7 0
Creek Co a point Cor corner at the intersection of the center-line
of the existing channel of LuNana Creek and the old bed of
LaNana Creek from which a 3/8" iron rod set" for witness bears N
87*32'24M W 40.00 feet, from said witness a 7" Willow marked
"X" bears N 74 * E 15.5 feet, said corner being in the F.HL of
said 112.5-acre tract and being the SWC of said 2.53-acre tract
and also being the NEC of a 209.35-acre tract described in deed
from Eugene H. Blount et al to The State of Texas, dated Sep
tember 6, 1917, recorded in Volume 99, Page 617 of the Deed
Records Nacogdoches County, Texas;
THENCE N 87*32f24M W with the NBL of said 209.35-acre tract at
40.00 feet pass a 3/8" iron rod set for witness and a total
distance of 930.20 feet to a cyclone fence corner post for
corner;
THENCE N 87*38f34" W 731.06 feet continuing with the NBL of
said 209.35-acre tract to a .point for corner in the East margin
of Raguet Street, from which a 1/2" iron rod set for witness at
the end of a cyclone fence bears N 87°38I34" W 0.39 feet;
THENCE N 01*07*35M E 1,093.23 feet with the East margin of
Raguet Street to the place of BEGINNING, containing 38.91 acres
of land.
EXHIBIT B '•*■
(1) Easement set forth in instrument from Mamie Blount
Tucker and Edward B. Tucker to Texas Power & Light Co., dated
June 27, 1941, recorded in Volume 156, Page 345 of the Deed
Records of Nacogdoches County, Texas.
(2) Easement set forth in instrument from Mamie Blount
Tucker and Edward B. Tucker to the City of Nacogdoches, dated